La riforma costituzionale dell’organizzazione giudiziaria in Italia e la tenuta dei princìpi di autonomia e indipendenza della Magistratura: profili comparatistici

The paper analyzes within the framework of comparative law the draft of the constitutional reform of the judicial system approved by Parliament in Italy. It examines the three main contents of the draft: the separation of the careers and of the Superior Councils of prosecutors and judges; the introduction of a draw to select the magistrates of the two Councils; the devolution of disciplinary power over all magistrates to the High Disciplinary Court. Finally, the paper examines the characteristics of the new "model" of the Judiciary that could emerge from the implementation of the reform and, in particular, the maintenance of the principles of autonomy and independence with respect to the current system.