Global Integrity Report

The Global Integrity Report (report.globalintegrity.org)

Italy Home

Facts

Timeline

Notebook

Integrity Scorecard

2007 Assessment

Italy: Integrity Indicators Scorecard

Italy: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
33	Are judges appointed fairly?	100
34	Can members of the judiciary be held accountable for their actions?	100
35	Are there regulations governing conflicts of interest for the national-level judiciary?	29
36	Can citizens access the asset disclosure records of members of the national-level judiciary?	0

Indicator and sub-Indicator Details

Are judges appointed fairly?

33a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments:

References: R.D (Royal Decree) of January 30, 1941, n. 12, arts. 121 to 130

33b: In practice, there are certain professional criteria required for the selection of national-level judges.

Score:

100

Comments: Professional requirements are: a degree in law, a qualification diploma for legal professions. The selection is a public competition with: - a pre-selection exam - a written exam on civil, administrative, and penal law - an oral exam on civil law, roman law, civil and criminal procedures, criminal law, fiscal law, administrative law, constitutional law, EU law, international law, labor law, a foreign language

References: Ministry of Justice: [ LINK ]

Peer Review Comments: Recently, the Italian public concourses system has been affected by several scandals (in Calabria and Apulia's universities). Generally, but with particular reference to southern Italy, competition procedures for legal professions are not completely transparent.

33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments:

References: Art. 105 of the Constitution Art. 105: The High Council of the judiciary, in accordance with the regulations of the judiciary, has jurisdiction for employment, assignments and transfers, promotions and disciplinary measures of judges.

Can members of the judiciary be held accountable for their actions?

34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments:

References: Art. 111 of the Constitution Art 111: [...] All judicial decisions must be motivated. [...]

34b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments:

References: see for example the sentences of the Corte di Cassazione, available on line: [ LINK ]

see also disciplinary decisions of the Consiglio superiore della Magistratura for judges who delayed the deposit of the motivations of their decisions: [ LINK ]

34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments:

34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments:

34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. <p>50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments:

References: Report from the Consiglio superiore della Magistratura [ LINK ]

34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments:

References: Report from the Consiglio superiore della Magistratura web: [ LINK ]

Are there regulations governing conflicts of interest for the national-level judiciary?

35a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments:

References: There is no such law.

35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments: Magistrates can be subject to disciplinary sanctions if they behave so as to damage the reputation or trust, personal or of the judiciary. This general law includes also gifts and hospitality, but there is no specific regulation on that.

References: Royal Decree of May 31, 1946, no. 511, art. 18

35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments:

References: There is no such law because there is no asset disclosure duty for members of the judiciary.

35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

Comments:

References: There is no such law. Interview with Ms. Silvia Varotto, judge, Tribunale di Crema, 02/09/2007

35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments:

References: Interview with Ms. Silvia Varotto, Judge, Tribunale di Crema, 02/09/2007

35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments:

References: interview with Ms. Silvia Varotto, judge, Tribunale di Crema, 02/09/2007

35g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments:

References: Ms. Silvia Varorro, judge, Tribunale di Crema, 09/2007

Can citizens access the asset disclosure records of members of the national-level judiciary?

36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments:

References: There is no such law.

36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments: There are no such records.

References: Interview with Ms. Silvia Varotto, judge, Tribunale di Crema, 02/09/2007

36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments: There are no such records.

References: Interview with Ms. Silvia Varotto, judge, Tribunale di Crema, 02/09/2007