Why is the complaints procedure still lacking in Italy? The difficult pathway towards a more transparent, inclusive and effective disciplinary system

In recent decades, the Italian justice system has undertaken several actions to improve and modernize its functioning. The main priority is to guarantee timely, effective and efficient services to court-users, and to improve the general performance of courts and prosecutors' offices. Beyond the traditional values of independence and accountability, new values have come to the forefront of the public debate, such as efficiency, effectiveness, transparency, professional competence and integrity. The chapter focuses on complaints and discipline in Italy and the main challenges connected thereto. If the magistracy's ultimate function is to serve the society, more emphasis should be put on the importance of instituting a feedback loop between citizens and the magistracy through the mechanism of complaints. Complaints are a ‘bridge’ that connects the general public with the administration of justice and a mechanism of public scrutiny over the magistracy. In Italy, citizens are not really empowered to question the magistracy and the way in which its power is carried out. Justice is seen more as a State power rather than a service that responds to various important social needs, for the benefit of society.