L’amministrazione della giustizia e l’indipendenza del giudice in Germania: origini storiche e problemi attuali

The administration of the judiciary and judicial independence in Germany: historical roots and current issues

Abstract

While having its roots in the Empire of Wilhelm I, the German system of judicial administration still lies, even at present, in the hands of the Ministries as bodies of the executive branch. Most advocates of a system of judicial selfadministration criticise the current structures for being overly influenced by an executive power that is extending its reach too far into the sphere of the judiciary, especially as far as the so-called disciplinary control of judges is concerned. The claim to enhance judicial self-administration in the German system is not only grounded on the principle of the separation of powers, but also justified in the light of the criteria set forth both at an international and supranational level.