Independence and Judicial Discipline: the Italian Code of judicial conduct

The article analyses the reform of judicial discipline that was approved in Italy in 2006 and, in particular, some controversial issues that were considered crucial for the protection of judicial independence, in the transition from the old to the new system. Four points are mentioned in the article, which were all considered significant for the protection of judicial independence: the exhaustive character of the Code, the protection of judicial independence in adjudication, the limitation of judges’ freedom of expression and association, the power of the General Prosecutor of the Supreme Court to dismiss the case. The four questions show that, according to the aims of the reform, judicial independence can be better guaranteed through firm and all-encompassing rules, precise sanctions and compulsory disciplinary action. They also show, however, that discretionary powers cannot be completely excluded from judicial discipline.