Italian Judicial System and Constitutional Framework

The High Council of the Judiciary (CSM)

The Consiglio Superiore della Magistratura, or CSM, serves as the primary self-governing body of the Italian judiciary. Its existence ensures the independence of the judicial branch from other powers of the state. The CSM is responsible for making all critical decisions regarding the careers and status of magistrates, specifically handling recruitment and hiring processes, transfers between different offices or locations, promotions to higher ranks, and disciplinary proceedings. Within the judicial system, there are no structural hierarchies among magistrates; they are distinguished only by the diversity of their functions and are subject exclusively to the law.

The CSM is composed of a total of $33$ members. This membership is divided into three ex-officio members and $30$ elected members. The ex-officio members, who serve by right of their office, include the President of the Republic, the President of the Court of Cassation, and the Attorney General (Procuratore generale). The $30$ elective positions are split between two groups: $20$ members are elected by the magistrates themselves (known as togati), and $10$ members are elected by Parliament in a joint session (known as laici). Elected members serve a term of $4$ years and are not eligible for immediate re-election once their term concludes.

Civil Proceedings and Judicial Structure

Civil proceedings are designed to provide legal protection for rights in disputes between private individuals. The parties involved in a civil trial are the plaintiff (attore), who initiates the legal action, and the defendant (convenuto), who is the party being sued. A fundamental principle of civil law is the burden of proof, which dictates that the plaintiff is responsible for providing the evidence necessary to support their claims.

The judicial hierarchy for civil matters is organized into three grades. The first grade of judgment is handled by either the Justice of the Peace (giudice di pace) or the Tribunal. The Justice of the Peace typically oversees cases involving values up to $5,000$ or $20,000$ depending on the nature of the dispute. If a party wishes to appeal the first-grade decision, the case moves to the second grade, which is heard by the Tribunal or the Court of Appeal (corte d'appello). The third and final grade of judgment is the Court of Cassation (Cassazione).

Criminal Proceedings and Legal Principles

Criminal proceedings are established to punish crimes and are governed by several core constitutional and legal principles. These include the mandatory nature of criminal action, which requires the Public Prosecutor to pursue crimes, and the principle of personal responsibility as outlined in Article $27$. Furthermore, the principle of legality strictly prohibits the use of analogy in criminal law; an individual can only be punished for an act explicitly defined as a crime by law. Punishment in this system is intended to be rehabilitative, and every defendant is protected by the presumption of innocence until proven guilty. The parties in a criminal trial are the defendant (imputato) and the Public Prosecutor (PM or Pubblico Ministero).

Similar to civil law, the criminal judiciary is structured in three grades. The first grade consists of the Justice of the Peace, the Tribunal, or the Court of Assizes (corte d'assise). Appeals move to the second grade, which is the Court of Appeal. The final level is the Court of Cassation. Unlike the lower courts, the Court of Cassation is a judge of legitimacy rather than merit. It does not review the facts of the case but instead ensures the correct application of the law. Its primary function is to guarantee nomofilachia, which is the uniform interpretation and application of the law across the national territory.

Administrative Justice and the Constitutional Court

Administrative justice concerns legal actions taken against the acts of the Public Administration (PA). The parties involved are typically an individual citizen and a public body (ente pubblico). The judicial structure for administrative disputes consists of two grades: the Regional Administrative Tribunal (TAR) serves as the first-grade court, while the Council of State (Consiglio di Stato) serves as the second-grade court of appeal.

The Constitutional Court (Corte Costituzionale) is the supreme body tasked with guaranteeing the Constitution. It has been active since $1955$ and is composed of $15$ judges. These judges are appointed through a tripartite system: $5$ are chosen by the President of the Republic, $5$ are elected by Parliament, and $5$ are selected by the highest ordinary and administrative magistracies. Judges on the Constitutional Court serve a term of $9$ years and cannot be renewed or reappointed.

According to Article $134$, the functions of the Constitutional Court are four-fold. First, it performs the constitutional review of laws and acts having the force of law. This can occur through an incidental proceeding, which arises during a trial when a judge questions the constitutionality of a law, or through a direct proceeding, such as a conflict between the State and the Regions. If a law is found unconstitutional, it is annulled. Second, the Court resolves conflicts of power between state bodies, between the State and Regions, or between individual Regions. Third, it has the authority to judge the President of the Republic. Fourth, it determines the admissibility of requests for referendums. A referendum can be requested by $5$ regional councils.

International and European Jurisdictions

Legal authority extends beyond national borders through various European and international courts. Within Europe, two primary bodies exist: the Court of Justice of the European Union, which oversees matters regarding European law, and the European Court of Human Rights, which focuses on the protection of fundamental human rights. At the global level, international jurisdiction is divided between the International Criminal Court, which prosecutes grave crimes such as genocide or crimes against humanity, and the International Court of Justice, which handles legal conflicts and disputes between sovereign States.