Justice reform, High Court to start disciplinary proceedings

The constitutional reform chooses to separate the self-government of the judiciary from the disciplinary function: while the former remains in the hands of the two higher councils of the judiciary - judiciary and prosecution -, for the latter the proposal is to assign it to the new High Disciplinary Court.

The regulation of the new body is contained in the (rewritten) text of Article 105 of the Constitution. According to this, the High Court will consist of 15 judges, serving for four years.

Six will be laici: three will have to be appointed by the President of the Republic from among full professors of universities in legal subjects and lawyers with at least 20 years of practice; and three will be drawn by lot from a list of persons with the same requisites, compiled by the Parliament in joint session within six months of taking office.

The other nine members will be magistrates, six judges and three prosecutors. The reform envisages that they will be drawn by lot from among the members of the respective categories who, however, have at least 20 years of judicial service behind them and who perform or have performed functions of legitimacy.

The president of the High Court will have to be elected from among the lay members. Double jeopardy will be guaranteed: first instance judgments issued by the High Court may be appealed, also on substantive grounds, before the same High Court, which will judge with a different composition.