Judiciary of Italy

The Italian judicial authority directly has the judicial police;[9] ordinary magistrates are distinguished only by their functions and are irremovable, that is, they cannot be dispensed from service or transferred to another location without prior ruling by the High Council of the Judiciary.[10] Magistrates in education offices as well as those of the public prosecutor are given the opportunity to carry weapons for self-defense without a license.[11]

Ruggero Pesce, President of the Milan Court of Appeal, officially opens the judicial year 2010

Career magistrates — called togates — are divided into:[12]

• ordinary: ordinary civil and criminal jurisdiction;
  • civilians
  • criminals
• administratives: Council of State, regional administrative courts, which have jurisdiction for the protection of legitimate interests in relation to the public administration and, in particular matters indicated by law (exclusive jurisdiction), also of subjective rights;
• accountants: Court of Audit, competence in the matter of compensation for tax damage, caused by those who manage and operate with public finances;
• fiscals: Provincial Commissions and, by appeal, in Regional Commissions, jurisdiction over disputes relating to any type of tax or tax.

Furthermore, Article 106 of the Constitution creates the office of councilor of cassation to be attributed to university professors of law or lawyers with at least 15 years of experience and admitted to plead before the higher juridictions should they demonstrate outstanding merits.[13]

The Italian honorary judiciary, which supports the career judiciary, is composed of the honorary justice of peace, the honorary deputy prosecutor and the honorary court judge.[14] The adjective "honorary" indicates that they carry out their duties in a non-professional manner, since they usually exercise jurisdiction for a fixed period of time without receiving remuneration, but only compensation for the activity carried out.[15] Finally, there is the Italian military judiciary, a competence relating to military crimes committed by members belonging to the Italian armed forces.[12]

Magistrates judges and prosecutors are liable under criminal, civil and disciplinary laws for the actions undertaken to the detriment of citizens through exercise of their functions; the principle of public liability of judges is rooted in Article 28 of the Constitution, that reads "the officials and employees of the State and public bodies are directly responsible, according to criminal, civil and administrative laws, for acts committed in violation of rights".[16] In such cases it extends to the State and public bodies.[16]

Access to the magistrature, whether ordinary or honorary, is based on a competitive examination managed by the Ministry of Justice. Candidates must possess an Italian law degree.[17]

Prior to the 2022 reform, candidates to the ordinary magistrature were required to pass the Italian bar examination and practice law for at least five years in the absence of any disciplinary sanction. Candidates could also rely on alternative requirements to qualify for the competitive assessment, namely:[18]

• graduation from the so-called Italian Schools of Specialization for the Legal Professions;
• obtention of Doctor of Philosophy in law;
• hold a position as university lecturer in legal matters in the absence of any disciplinary sanction;
• work within the Italian honorary magistrature for at least six years without demerit, revocation or disciplinary sanctions;
• work as C-category civil servant in the Italian administration with at least five years of seniority and absent any disciplinary sanction;
• completion of an eighteen-month internship within the judicial branch,[19] whether with a bench judge or a state's prosecutor;[20]
• hold a position of administrative or accounting magistrate;
• hold a position of state attorney (not to be confused with state prosecutors) in the absence of any disciplinary sanction.

Palace of Justice, Rome, seat of the Supreme Court of Cassation

The competitive examination is roughly held every two years and consists of three written compositions (first phase) followed by an oral examination. Candidates are required to draft three dissertations each eight-hour long, on a given subject of private law, criminal law and administrative law respectively. Upon obtention of the pass mark, they move on to the oral phase which substantiates in an interdisciplinary interview with the examination jury on the following subject-matters:[21]

• Roman law;
• civil law;
• civil procedure;
• criminal law;
• administrative law;
• constitutional law;
• tax law;
• commercial law;
• bankruptcy law;
• labor law;
• social security law;
• European Union law;
• public international law and private international law;
• elements of legal information technology and the Italian judicial system;
• interview on a foreign language, indicated by the candidate when applying for participation in the competition, chosen from: English, Spanish, French or German.

The laureates acquire the qualification of "trainee ordinary magistrate", pursuant to the reform of 2007 undertaken by the then Ministry of Justice Clemente Mastella, which also waived any age limit. Candidates are only able to sit to the examination thrice in their life.[22]

Villa Castel Pulci (Scandicci), seat of the Higher School of the Judiciary

The following training activities are provided for ordinary magistrates:[23]

• "initial training" (for trainee ordinary magistrates);
• "permanent training" for professional judges (implemented nationally and locally)
• training for office managers;
• "permanent training" for honorary magistrates (implemented nationally and locally);
• "International training".

A so-called "lifelong learning", previously carried out by the CSM (IX Commission),[24] from autumn 2012 gradually passed to the Higher School of the Judiciary. The inauguration of the training activities at the single site of Villa Castel Pulci in Scandicci (Florence) took place on 15 October 2012.[25]

Italian Court system

The giudice di pace ("justice of the peace") is the court of original jurisdiction for less significant civil matters. The court replaced the old preture ("Praetor Courts") and the giudice conciliatore ("judge of conciliation") in 1991.[26]

The tribunale ("tribunal") is the court of general jurisdiction for civil matters. Here, litigants are statutorily required to be represented by an Italian barrister, or avvocato. It can be composed of one judge or of three judges, according to the importance of the case.[27] When acting as Appellate Court for the Justice of the Peace, it is always monocratico (composed of only one Judge).[27]

• Giudice del Lavoro ("labor tribunal"): hears disputes and suits between employers and employees (apart from cases dealt with in administrative courts, see below). A single judge presides over cases in the giudice del lavoro tribunal.[28]
• Sezione specializzata agraria ("land estate court"): the specialized section that hears all agrarian controversies. Cases in this court are heard by two expert members in agricultural matters.[29]
• Tribunale per i minorenni ("Family Proceedings Court"): the specialized section that hears all cases concerning minors, such as adoptions or emancipations; it is presided over by two professional judges and two lay judges.[30]

The Corte d'appello ("Court of Appeal") has jurisdiction to retry the cases heard by the tribunale as a Court of first instance and is divided into three or more divisions: labor, civil, and criminal.[31] Its jurisdiction is limited to a territorial constituency called a "district".[31] The judgments of the court of appeal can be appealed with a Supreme Court of Cassation appeal.[31]

The Corte Suprema di Cassazione ("Supreme Court of Cassation") is the highest court of appeal or court of last resort in Italy. It has its seat in the Palace of Justice, Rome. The Court of Cassation also ensures the correct application of law in the inferior and appeal courts and resolves disputes as to which lower court (penal, civil, administrative, military) has jurisdiction to hear a given case.[32]

The headquarters of the Italian Council of State, Rome

The Corte d'Assise ("Court of Assizes") has jurisdiction to try all crimes carrying a maximum penalty of 24 years in prison or more.[33] These are the most serious crimes, such as terrorism and murder. Also slavery, killing a consenting human being, and helping a person to commit suicide are serious crimes that are tried by this court. Penalties imposed by the court can include life sentences (ergastolo).[33]

The Corte d'assise e d'appello ("Court of Assize Appeal") judges following an appeal against the sentences issued in the first instance by the assize court or by the judge of the preliminary hearing who has judged in the forms of the summary judgment on crimes whose knowledge is normally devolved to the court of assizes.[34] An appeal is made to the Supreme Court of Cassation against its sentences. The Court of Assize Appeal is made up of two professional judges and eight lay judges.[35]

The tribunale amministrativo regionale ("Regional administrative court") is competent to judge appeals, brought against administrative acts, by subjects who consider themselves harmed (in a way that does not comply with the legal system) in their own legitimate interest. These are administrative judges of first instance, whose sentences are appealable before the Council of State. For the same reason, it is the only type of special judiciary to provide for only two tiers of judgment.[36]

The Consiglio di Stato ("Council of State") is, in the Italian legal system, a body of constitutional significance. Provided for by art. 100 of the Constitution, which places it among the auxiliary organs of the government, it is a judicial body, and is also the highest special administrative judge, in a position of third party with respect to the Italian public administration, pursuant to art. 103 of the Constitution.[37]

Polizia penitenziaria officers

The polizia penitenziaria ("penitentiary police") is a law enforcement agency in Italy which is subordinate to the Ministry of Justice and operates the Italian prison system as corrections officers. The Vatican City, an independent state, does not have a prison system, so the Vatican sends convicted criminals to the Italian prison system.[39] According to Interpol, this force (as part of the Ministry of Justice) has a "nationwide remit for prison security, inmate safety and transportation".[40]

The polizia penitenziaria carries out the functions of the Judicial Police, Public Safety, Traffic Police and Corrections. They support other law enforcement agencies, such as with traffic roadblocks (known as a controllo).[41] The polizia penitenziaria is one of the four national police forces of Italy (along with the Carabinieri, the Polizia di Stato and the Guardia di Finanza), with each force performing a slightly different function.[42]

The polizia giudiziaria ("judicial police"), in Italy, indicates a civil service, exercised by subjects belonging to the Italian police forces and by certain officials of the Italian public administration; in the latter case in the cases expressly provided for by law. According to art. 109 of the Constitution of the Italian Republic, the Italian judicial authority directly disposes of the judicial police.[43] They exist primarily to provide evidence to the prosecutor. They can arrest and interrogate suspects, conduct lineups, question witnesses, and even interrogate non-suspects.[44]