The High Council of the Judiciary (, or CSM) is an Italian institution of constitutional importance, which regulates the Ordinary Judiciary of Italy. The High Council is based in the Palazzo dei Marescialli, in Piazza Indipendenza 6.
History
The council was first named in Article 4 of law 511 of 1907, which instituted it along with the Ministry of Justice, essentially as a consultative organ, with a largely administrative role in the naming of individual officials within the judiciary. A few months later, Giovanni Giolitti's government passed law 689 of 1907 which defined the new council. Although, obviously, it was to run the judiciary in the name of King of Italy, its members were arranged as dependents of the government.
The council's functions remained largely unchanged until the Constitution of the Italian Republic of 1947, which radically transformed the council from a consultative-administrative organ of a ministry into a self-governing institution of the Italian judiciary.
Status
The High Council is a self-governing institution in order to insure the autonomy and independence of the judiciary from the other branches of the state, particularly the executive, according to the principle of the separation of powers expressed in the Italian Constitution. The Council is an "Institution of constitutional importance" (Organi di rilievo costituzionale) as confirmed by the Constitutional Court, since it is referred to by the Italian Constitution.
For many years it was disputed as to whether the High Council was a "Constitutional Institution" or merely an "Institution of Constitutional Importance" and the identification of specific problems with the Council was very problematic. In fact, the performance of some powers and functions by the Council, which are not explicitly mentioned in the Constitution, has often caused political tensions. These include the "functions of representation of the judicial power in interactions with other powers", like, for example, making proposals to the Minister of Justice on matters under his or her control, giving opinions on the drafting of laws relating to the judiciary and generally pronouncing its opinion on any matter relating to the functioning of the judiciary.
Functions
Article 110 of the Constitution assigns the task of "the organisation and the running of services relating to the judiciary" to the Ministry of Justice, notwithstanding the powers of the High Council. However, article 101.2 guarantees the full autonomy and independence of judges from all other powers, saying that they "are subject only to the laws." The High Council is the institution which ensures the autonomy of the judiciary, with responsibility for the Criminal and Civil branches of the Ordinary Judiciary.
The Council has competence in matters relating to the criminal and civil judges (judges in the administrative, auditing and military courts have their own governing institutions, which are distinct from the High Council). These matters are: appointment of magistrates (always through a public examination); assignment of magistrates to a specific role; promotions; transfers; subsidies for magistrates and their families; appointment of magistrates to the Supreme Court of Cassation appointment and removal of .
The law establishing the Council allows the Minister of Justice to make requests and observations on matters under the Council's control; the minister can participate in sessions of the Council when asked by the President or when the minister considers it appropriate to communicate with it. The minister also has the power to present information to the heads of the courts about the functioning of the judiciary and to express agreement on the nominations of heads of judicial offices. Although the minister of Justice can suggest disciplinary action, it is up to the Council to decide whether to follow the suggestions of the minister.