NCJ Number
130165
Journal
American Journal of Comparative Law Volume: 38 Issue: 1 Dated: (Winter 1990) Pages: 103-126
Date Published
1990
Length
24 pages
Annotation
The article discusses the new statute on the civil liability of judges in Italy, effective 1988, which is presented as an affirmation of the basic principle that the exercise of judicial power in a democratic regime should not go without accountability.
Abstract
The article presents the contents of the statute on civil liability of judges in Italy. The statute involves civil liability for criminal conduct of the magistrate in the exercise of his functions and wrongful conduct of a magistrate that does not amount to a criminal offense. The section on action against the State and the related technical problems involved is discussed as well as the disciplinary proceedings against the magistrate and the civil liability for judicial misconduct and legal aid. The article concludes with a comparative discussion of the implications of this new statute in the overall European legal system. 73 footnotes