The history of the Italian Constitutional Court (ItCC) reflects a significant gender disparity, with the absence of women justices until 1996, forty years after its establishment. Despite subsequent appointments, women remain a minority on the Court: only eight out of 121 justices are women, with just two being elected as presidents. This underrepresentation poses challenges for research, compounded by the Court’s secrecy regarding deliberations and the scarcity of historical and political studies on female justices at ItCC. To address this gap, we propose an empirical methodology based on interviews with the female justices. In fact, due to the Court’s collegial nature, relying solely on case-law analysis provides only a partial picture, as individual opinions are not discernible. The initial section of the article presents data on the eight women justices in the ItCC, contextualizing their presence within the broader struggle for gender equality in Italy, particularly in legal and judicial professions. Following this, an overview of the legal framework governing the ItCC, including appointment procedures and internal decision-making processes, is provided. Subsequent sections analyze the Court's role in the Italian constitutional and political landscape over time, focusing on its impact on gender equality. Specific attention is paid to the individual contributions of the eight women justices, starting from the first appointee. Additionally, the two female presidents, Marta Cartabia and Silvana Sciarra, are examined separately to assess their leadership within the Court. The paper concludes with reflections and insights aimed at guiding further research in this area. By shedding light on the experiences of women justices and the dynamics of gender representation within the ItCC, it is hoped that this study will contribute to a more nuanced understanding of constitutional justice in Italy and pave the way for future inquiries into gender equality in legal institutions.
Tega, D., Groppi, T. (2025). GROUNDBREAKERS: FEMALE JUSTICES AND PRESIDENTS IN THE ITALIAN CONSTITUTIONAL COURT. ITALIAN JOURNAL OF PUBLIC LAW, 17(1), 5-46.
GROUNDBREAKERS: FEMALE JUSTICES AND PRESIDENTS IN THE ITALIAN CONSTITUTIONAL COURT
Diletta Tega
Co-primo
;Tania Groppi
2025
Abstract
The history of the Italian Constitutional Court (ItCC) reflects a significant gender disparity, with the absence of women justices until 1996, forty years after its establishment. Despite subsequent appointments, women remain a minority on the Court: only eight out of 121 justices are women, with just two being elected as presidents. This underrepresentation poses challenges for research, compounded by the Court’s secrecy regarding deliberations and the scarcity of historical and political studies on female justices at ItCC. To address this gap, we propose an empirical methodology based on interviews with the female justices. In fact, due to the Court’s collegial nature, relying solely on case-law analysis provides only a partial picture, as individual opinions are not discernible. The initial section of the article presents data on the eight women justices in the ItCC, contextualizing their presence within the broader struggle for gender equality in Italy, particularly in legal and judicial professions. Following this, an overview of the legal framework governing the ItCC, including appointment procedures and internal decision-making processes, is provided. Subsequent sections analyze the Court's role in the Italian constitutional and political landscape over time, focusing on its impact on gender equality. Specific attention is paid to the individual contributions of the eight women justices, starting from the first appointee. Additionally, the two female presidents, Marta Cartabia and Silvana Sciarra, are examined separately to assess their leadership within the Court. The paper concludes with reflections and insights aimed at guiding further research in this area. By shedding light on the experiences of women justices and the dynamics of gender representation within the ItCC, it is hoped that this study will contribute to a more nuanced understanding of constitutional justice in Italy and pave the way for future inquiries into gender equality in legal institutions.File | Dimensione | Formato | |
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