Judiciary of Italy

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The judiciary of Italy is one of the three branches of the Italian Republic, established by the 1948 Constitution. It is made up of courts and public prosecutors’ offices and is responsible for administering justice. Judges and prosecutors are called magistrates, and they work in a body known as the magistracy. The magistracy is independent from the other state powers and has no internal hierarchy. The government does not appoint or promote magistrates, though the Minister of Justice oversees resources and can order disciplinary actions. Most magistrates serve until retirement at 70.

Structure and key organs
- Three independent judicial circuits:
- Ordinary circuit: handles civil and criminal cases.
- Special circuit: has exclusive power over administrative, tax, and audit matters.
- Military circuit: handles crimes by service members in peacetime; wartime rules may differ.
- The Constitutional Court sits outside the judiciary and reviews the constitutionality of laws and conflicts between state powers.

Legal system and sources
- Italy follows a civil law tradition, based on codified statutes and legal codes rather than relying on court precedents.
- The Constitution, laws, regulations, and international treaties are the main sources of law. Official publications and gazettes make the laws known (sources of cognisance), while the Constitution, statutes, decrees, and treaties are also sources of production.
- Case law is not a formal source, but the Supreme Court (Corte Suprema di Cassazione) provides authoritative interpretation that guides lower courts. The Court also publishes important legal principles through the massima system.
- The hierarchy of norms starts with the Constitution, followed by primary legislation (laws), secondary legislation (regulations and decrees), and local/territorial rules. The Constitutional Court ensures that laws and regulations comply with the constitution and, in some matters, with European human rights standards.

Key courts and roles
- Corte Suprema di Cassazione (Supreme Court of Cassation): the highest court of appeal for civil, criminal, and tax matters. It ensures uniform application of the law but does not re-examine facts. Its decisions guide lower courts and resolve jurisdictional questions.
- Consiglio di Stato (Council of State): the top court for administrative disputes and an advisory body to the government. It can rule on administrative acts and ensure their legality.
- Corte dei Conti (Court of Auditors): oversees public finances, auditing government bodies and public contracts, and has authority to sanction mismanagement.
- Tribunali, Courts of Appeal, and Court of Cassation system:
- Giudice di Pace (Justice of the Peace): handles small civil matters.
- Tribunale (Tribunal): general jurisdiction for civil and criminal cases; most proceedings require legal representation.
- Corte d’Appello (Court of Appeal): hears appeals from tribunals; usually divided into sections for civil, labor, and criminal matters.
- Corte Suprema di Cassazione: final appellate court for questions of law.
- Administrative and tax courts:
- TARs (Regional Administrative Courts): first-instance courts for disputes about public administration.
- Corte di Stato is the final arbiter on administrative matters.
- Corte di giustizia tributaria (Tax Courts): organize tax disputes at first and second instances; Corte Suprema di Cassazione handles final legal questions in tax matters.
- Specialized and other courts:
- Corte d’Assise and Corte d’Assise d’Appello: handle serious felonies with a panel of two professional judges and eight lay judges (jury-type system) at first instance and on appeal.
- Tribunale di sorvevanza (Probation Court): handles matters related to prisoners and alternative sentences; rulings can be appealed to the Corte Suprema di Cassazione.

Public prosecutors and the judiciary
- Public prosecutors (Procura della Repubblica) work in offices attached to each tribunal and appeal court, and at the Supreme Court. They have a legal monopoly on initiating criminal proceedings and act independently in the public interest.
- The Ministry of Justice can propose legislation, manage court infrastructure and staff salaries, and oversee disciplinary measures, but it does not control judicial decisions.

Appointment, training, and career paths
- Access to the ordinary, administrative, tax, and audit magistracies is earned through competitive public examinations.
- Entry requirements have recently been simplified. Since 2022, the key requirement for ordinary magistrates is a law degree (Juris Doctor). Other tracks have their own eligibility criteria.
- Training occurs at the Scuola Superiore della Magistratura (Superior School of the Judiciary), with a structured program for new magistrates and ongoing professional development thereafter.
- There are also honorary magistrates who assist in smaller cases and public prosecutors’ offices; they are non-professional and paid per case.
- The military judiciary operates separately, handling crimes within the armed forces.

Police, security, and the justice system
- The judicial police (Polizia Giudiziaria) gather evidence and support prosecutors and courts.
- The penitentiary police (Polizia Penitenziaria) runs prisons and supports public safety and other policing duties.
- The Vatican City, while independent, uses Italy’s prison system for detainees under the Lateran Pacts.

International and training links
- Italy participates in European and international judicial training networks, such as Eurojust and the European Judicial Training Network, supporting cross-border cooperation and professional development.

In short, Italy’s judiciary is a complex, constitutionally protected system built on civil law principles, with independent magistrates, a tiered court structure, specialized administrative and tax tribunals, and a strong emphasis on the rule of law and consistency in applying legal norms.