Indipendenza e autonomia della magistratura senza un organo di autogoverno: il modello tedesco

Independence and autonomy of the judiciary without a self-governing body: the German model

Abstract

The German judiciary does not embrace the French-Italian model of governance, which is centred on a self-governing body. However, this lack of a self-governing body is not detrimental to the independence of the German judiciary. Indeed, the German judiciary is characterised by a differentiated system of institutions of self-government. The article focuses on the core traits of the German model, outlining the peculiar interaction between the institutions of the self-government and the mechanisms that secure German judges a significant influence on their careers and on court administration. As a conclusion, the article discusses the viability of the establishment of a self-governing body of the judiciary, which seems to be in contrast with the German understanding of both the principles of democratic legitimacy and of separation of powers.