La Magistratura

Summary

The judiciary is made up of judges who exercise judicial functions, applying general norms to concrete cases. Judges resolve conflicts impartially, handling civil, criminal, or administrative disputes. The judiciary is independent and operates under constitutional rules, with a system of three levels of judgment. The independence of judges is safeguarded through constitutional guarantees such as autonomy, no hierarchical structure, and career protections. The Constitution also ensures citizens' rights to fair and timely justice, including access to legal defense and the right to appeal decisions. The judiciary is governed by the Superior Council of the Judiciary.

Takeaways

• 😀 The judiciary consists of judges or magistrates who exercise judicial functions, applying general laws to specific cases.
• 😀 Judicial functions involve resolving disputes between citizens (civil jurisdiction), or between the state and citizens (criminal or administrative jurisdiction).
• 😀 The judicial process is governed by the rules of criminal and civil procedure, which include three levels of judgment.
• 😀 If dissatisfied with a judgment, a person can appeal to a higher court.
• 😀 The Constitution prohibits the establishment of special courts beyond those already defined in the Constitution, such as administrative courts or the Council of State.
• 😀 Judicial independence is ensured by the Constitution, which establishes the judiciary as an autonomous and independent body.
• 😀 The judiciary's independence is supported by the existence of the High Council of the Judiciary (CSM), which oversees judicial appointments, assignments, transfers, and disciplinary actions.
• 😀 The CSM is made up of both judges and non-judicial members elected by the Parliament and is presided over by the President of the Republic.
• 😀 Judges are guaranteed certain internal protections, such as lack of hierarchy, immunity from arbitrary transfers or removals, and independence in decision-making.
• 😀 Constitutional principles for judicial activity include the right to be judged by a legally designated judge, judicial impartiality, the right to defense, and timely justice with a reasonable duration of proceedings.
• 😀 Judges must provide reasons for their decisions, and individuals have the right to appeal decisions in multiple levels of judgment.

Q & A

What is the magistracy, and what role does it play?

The magistracy consists of judges or magistrates who exercise the judicial function. This function involves applying general and abstract laws to specific cases, resolving disputes impartially between citizens (in civil jurisdiction), or between the state and citizens (in criminal or administrative jurisdiction).

What are the three levels of judgment in the judicial system?

The judicial system follows three levels of judgment. If a party is dissatisfied with the decision of a judge, they can appeal to a higher court.

Does the constitution allow the creation of special courts?

No, the constitution prohibits the establishment of special courts that are not already foreseen within the constitution itself. Examples of such courts include administrative regional courts, the Council of State, and the Court of Auditors.

What guarantees the independence of the magistracy from other state powers?

The independence of the magistracy is ensured by the constitution. The judicial system is an autonomous and independent body, with an autocratic self-governing body called the High Council of the Judiciary (CSM), which holds significant authority over magistrates' careers.

What is the High Council of the Judiciary (CSM) responsible for?

The High Council of the Judiciary (CSM) manages various aspects of the judicial career, including hiring, assignments, transfers, function appointments, and disciplinary proceedings. It is composed of judges and members elected by Parliament in joint session, and it is presided over by the President of the Republic.

What does the constitution provide to guarantee individual judicial independence?

The constitution provides guarantees of judicial independence for individual judges. This includes the absence of hierarchy among judges, their subjectivity only to the law, and distinctions based on functions. Judges are appointed through public competition and enjoy the principle of inamovibility, meaning they cannot be transferred or removed without their consent, or without a decision from the CSM.

What are some of the key constitutional principles for judicial activity?

Key constitutional principles include the right to be judged by a natural judge, impartiality of the judge, the right of defense (even for the less wealthy), the right to take legal action to defend one's rights, the right to timely justice, and the guarantee of reasonable trial duration. Judges are also obligated to provide reasoned decisions, and the possibility to appeal to higher courts is guaranteed.

What does the right to be judged by a natural judge mean?

The right to be judged by a natural judge means that individuals are entitled to be tried by a judge who has been established by law, rather than by a special or arbitrary tribunal.

What does the principle of impartiality of the judge ensure?

The principle of impartiality ensures that the judge remains neutral, unbiased, and fair when making decisions. They must treat both parties in a dispute with equal consideration and without personal interest.

How does the judicial system ensure access to justice for less wealthy individuals?

The judicial system guarantees the right of defense even for the less wealthy. This ensures that individuals who cannot afford legal representation can still access justice and defend their rights in court.