Separate careers for judges and prosecutors. 0.5 per cent of magistrates change functions today

the separation of the careers of magistrates is enshrined in the new text of the first paragraph of Article 104 of the Constitution, proposed by the draft law on constitutional reform of the judiciary. The provision confirms, first of all, as it is already provided for today, that the judiciary "constitutes an autonomous order, independent of any other power", but then adds that it "is composed of magistrates from the judiciary and the prosecution career", i.e. judges and prosecutors, who are destined to follow separate careers.

This is an innovation that will need to be implemented. So much so that the reform proposes to amend Article 102 of the Constitution to specify that it will have to be the rules on the judicial system that govern 'the distinct careers of judges and prosecutors'.

Today, in fact, there is one single channel to gain access to the professional judiciary. It is necessary to pass a public competition, announced periodically by the Ministry of Justice; the winners must then undergo an 18-month internship, at the end of which the Superior Council of the Judiciary expresses the judgement of suitability for the conferral of judicial functions.

For magistrates in service, it has always been provided that they can switch from judging to prosecuting functions and vice versa. But this is a chance that has been reviewed and circumscribed over time. The discipline is contained in Legislative Decree 160 of 2006, which was last amended by the Cartabia reform of the judicial system (71 of 2022).

Now a magistrate may normally request a change of function only once in the course of his or her career and within six years from when he or she first becomes eligible for the change.