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Integrity Scorecard

2007 Assessment

Italy: Integrity Indicators Scorecard

Italy: Integrity Scorecard Report > Sub-Category: Rule of Law
Indicators		Score
74	Is there an appeals mechanism for challenging criminal judgments?	67
75	In practice, do judgments in the criminal system follow written law?	100
76	In practice, are judicial decisions enforced by the state?	100
77	Is the judiciary able to act independently?	88
78	Are judges safe when adjudicating corruption cases?	100
79	Do citizens have equal access to the justice system?	100

Indicator and sub-Indicator Details

Is there an appeals mechanism for challenging criminal judgments?

74a: In law, there is a general right of appeal.

Score:

YES

Comments:

References: Art. 111 (7) of the Constitution Art. 111 (7): [...] Appeals to the Court of Cassation in cases of violations of the law are always allowed against sentences and against measures on personal freedom pronounced by ordinary and special courts. This rule can only be waived in cases of sentences by military tribunals in time of war.

Art. 568 and following of Code of Criminal Procedure. Art. 323 and following of Code of Civil Procedure

74b: In practice, appeals are resolved within a reasonable time period.

Score:

100

Comments: In general, the problem is that of the length of the process. Most appeals are not resolved in a timely fashion, but no appeals go unacknowledged for months or years. This is why the score is 25 not 0.

References: Interview with Silvia Varotto, judge, Tribunal of Crema, September 2007

74c: In practice, citizens can use the appeals mechanism at a reasonable cost.

Score:

100

Comments: The cost of appeal depends on its result. If you win, you don't pay. During the process, costs of lawyers are usually accessible to the middle class.

References: Interview with Silvia Varotto, judge, Tribunal of Crema, September 2007

Peer Review Comments: Taking into consideration the general slowness of the Italian criminal system, often citizens have to sustain considerable expenses for many years. This situation discourages many citizens that renounce to use appeals mechanism.

In practice, do judgments in the criminal system follow written law?

75: In practice, do judgments in the criminal system follow written law?

Score:

100

Comments:

References: Interview with Silvia Varotto, judge, Tribunal of Crema, September 2007

In practice, are judicial decisions enforced by the state?

76: In practice, are judicial decisions enforced by the state?

Score:

100

Comments:

References: Interview with Silvia Varotto, judge, Tribunal of Crema, September 2007

Is the judiciary able to act independently?

77a: In law, the independence of the judiciary is guaranteed.

Score:

YES

Comments:

References: Arts 101 and 110 of the Constitution

Art. 101: Justice is administered in the name of the people. Judges are subject only to the law.

Art. 110: Without prejudice to the authority of the High Council of the judiciary, it is the Minister of Justice which has responsibility for the organization and functioning of those services involved with justice.

77b: In practice, national-level judges are protected from political interference.

Score:

100

Comments: Politcal power and the media can make strong pressure for the removal of judges.

References: Interview with Silvia Varotto, judge, Tribunal of Crema, September 2007

Peer Review Comments: In Italy there are recurrent periods where there is a strong contrast between political and judiciary power, thus violating the constitutional rule that establishes a clear division among executive, legislative and judiciary branches.

77c: In law, there is a transparent and objective system for distributing cases to national-level judges.

Score:

YES

Comments:

References: Art. 25 (1) of the Constitution. Art.s 1 -50 quater Code of Criminal Procedure Art.s 4 -33 nonies Code of Criminal Procedure Art. 7 ter R.D. 1941 n. 12

77d: In law, national-level judges are protected from removal without relevant justification.

Score:

YES

Comments:

References: Art. 107 of the Constitution

Art. 107: Judges may not be removed from office. Neither may they be dismissed or removed from office nor assigned to other courts or functions unless following a decision of the High Council of the judiciary, taken either for the motives and with the guarantees of defence established by the rules of the judiciary or with their consent. The Minister of Justice has power to originate disciplinary action. Judges are distinguished only by their different functions. The state prosecutor enjoys the guarantees established in his favour by the rules of the judiciary.

Are judges safe when adjudicating corruption cases?

78a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.

Score:

YES

Comments:

References: Interview with Silvia Varotto, judge, Tribunal of Crema, September 2007

78b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of judges being killed related to their involvement in a corruption case during the study period. YES is a positive score. NO: A NO score is earned if there were any documented cases where a judge was killed because of his/her participation in a corruption trial. The relationship between a mysterious death and a judge\'s involvement in a case may not be clear, however the burden of proof here is low. If it is a reasonable assumption that a judge was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Interview with Silvia Varotto, judge, Tribunal of Crema, September 2007

Do citizens have equal access to the justice system?

79a: In practice, judicial decisions are not affected by racial or ethnic bias.

Score:

100

Comments:

References: Interview with Silvia Varotto, judge, Tribunal of Crema, September 2007

79b: In practice, women have full access to the judicial system.

Score:

100

Comments:

References: Interview with Silvia Varotto, judge, Tribunal of Crema, September 2007

79c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.

Score:

YES

Comments:

References: Art. 79 ss. D.P.R. 2002 n. 115

79d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.

Score:

100

Comments:

References: Interview with Silvia Varotto, judge, Tribunal of Crema, September 2007

79e: In practice, citizens earning the median yearly income can afford to bring a legal suit.

Score:

100

Comments:

References: Interview with Silvia Varotto, judge, Tribunal of Crema, September 2007

Peer Review Comments: In theory, the legal system is an affordable option to middle-class citizens seeking to redress a grievance. In practice, due to the length of the trial, it can put people in a very difficult situation.

79f: In practice, a typical small retail business can afford to bring a legal suit.

Score:

100

Comments:

References: Interview with Silvia Varotto, judge, Tribunal of Crema, September 2007

79g: In practice, all citizens have access to a court of law, regardless of geographic location.

Score:

100

Comments:

References: Interview with Silvia Varotto, judge, Tribunal of Crema, September 2007