Riforme della “giustizia”: un percorso ancora incompiuto

The differential elements between the judiciary and the so-called special jurisdictions, safeguarded in the Republican Charter, have become increasingly tenuous in consideration of the acquired “functional unity”. The achieved harmonization on the functional level calls into question, on the one hand, the reasons for maintaining differentiations on the lexical level between ordinary judges and special judges; on the other hand, it would require the unification of the legal status of the “judicial class” globally understood. However, there are still grey areas that prevent the equalization of the legal status of special judges with the magistrates of the judiciary. It is undeniable that a divergence between the magistracies concerns the level of guarantees of independence of special judges. The Author, considering the reforms in progress, believes that it would be preferable to have a single High Disciplinary Court for all magistrates and to provide for a single Superior Council of the Judiciary: it would be a step towards the unity of jurisdictions.