The essay critically analyses the decision of the Italian Superior Counsel for Judicial Officers (Consiglio Superiore della Magistratura – CSM) regarding the termination of one of its members due to his (mandatory) retirement from judicial office. The author focuses in particular on the identification of the nature and function of the Counsel according to the relevant provisions of the Italian Constitution. In light of this approach, the CSM’s decision appears ultimately in conflict with the constitutional purpose of the Counsel itself, which is to safeguard and guarantee the general interest in relation to the judicial power rather than to represent and manage the interests of the judicial officers.
CSM e decadenza: tra interpretazione e riscrittura della Costituzione
Cabiddu, M
2020-01-01
Abstract
The essay critically analyses the decision of the Italian Superior Counsel for Judicial Officers (Consiglio Superiore della Magistratura – CSM) regarding the termination of one of its members due to his (mandatory) retirement from judicial office. The author focuses in particular on the identification of the nature and function of the Counsel according to the relevant provisions of the Italian Constitution. In light of this approach, the CSM’s decision appears ultimately in conflict with the constitutional purpose of the Counsel itself, which is to safeguard and guarantee the general interest in relation to the judicial power rather than to represent and manage the interests of the judicial officers.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
