Judges as an 'Elite' of the Legal Profession. Judges and Prosecutors in Italy: A Separate Department of the Legal Profession

Italian Nationa Reports to the International Academy of Comparative Law Proceedings, Milan, Giuffré, 2014

23 Pages Posted: 24 Jul 2014

See all articles by P. G. Monateri

P. G. Monateri

University of Turin - Faculty of Law; SciencesPo, Ecole de Droit

Date Written: July 23, 2014

Abstract

In the last decades, several factors have transformed the morphology of Italian legal system, so to create a perceptible different assess of the equilibrium among powers and formats and to mold, in a renovated way, the overall relationship between Law, Politics and Justice. The Italian judiciary (magistratura) has been re-organized along lines radically dissimilar to those followed in common law systems.

After examining all the data: the number of judges in office, the percentage of represented genders, the amount of cases and the overloading of the legal system, the aim of this paper is to show that a major characteristic of the legal professions in Italy is the almost complete lack of lateral movement among personnel. Career decisions must be made early; for example, applicants for the judiciary must be no more than thirty years of age. Promotion of judges, prosecutors, and state’s attorneys is largely dependent on seniority.

My theory is that the unwanted result of all this has been both a Judicialization of Italian Legal System and a politicization of the judiciary through the CSM as a peculiar Italian institution, re-defining the Italian Legal Style.

Keywords: Judiciary; Politics; Law; Legal Style; Comparative Law; Prosecutors; Attorneys; Legal Profession; Italy

JEL Classification: K10, K14, K41

Suggested Citation

Monateri, Pier Giuseppe and Monateri, Pier Giuseppe, Judges as an 'Elite' of the Legal Profession. Judges and Prosecutors in Italy: A Separate Department of the Legal Profession (July 23, 2014). Italian Nationa Reports to the International Academy of Comparative Law Proceedings, Milan, Giuffré, 2014, Available at SSRN: https://ssrn.com/abstract=2470443 or http://dx.doi.org/10.2139/ssrn.2470443

Pier Giuseppe Monateri (Contact Author)

SciencesPo, Ecole de Droit ( email )

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Paris
France

HOME PAGE: http://master.sciences-po.fr/droit/en

University of Turin - Faculty of Law ( email )

Via S. Ottavio 20
Torino, 10121
Italy
+39 11 59 14 12 (Phone)

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