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USAID RULE OF LAW PROGRAM
USAID სამართლის უზენაესობის პროგრამა

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22 Apr 2024

Exploring Judicial Corporatism: Insights from the Italian Experience

On April 18, 2024, the Group of Independent Lawyers and non-governmental organization Democracy Index – Georgia, with USAID Rule of Law Program support, organized an online discussion on judicial corporatism with a focus on the Italian experience.

Seventeen participants, comprising judicial experts, lawyers, and representatives from non-governmental organizations, gathered to engage with experts from Italy in a discussion on the causes and potential remedies for judicial corporatism.

Maurizio Salustro, a senior legal advisor of the Organization for Security and Co-operation in Europe (OSCE) to Serbia, offered a detailed historical overview of Italy's judicial system, tracing its evolution from the early twentieth century to the present day. His presentation shed light on the historical context, providing valuable perspectives on its development over time. The expert mentioned, that: “corporatism is only one part of the picture; what is important to understand is the overall set up of the judiciary where corporatism can play a negative or positive role.”

Gianfranco Gallo, Deputy Prosecutor at the Prosecution Office in Rome, Italy, provided valuable insights into the evolution of the appointment process for prosecutors and judges within the Italian magistrate. Mr. Gallo highlighted the transformation of the appointment process from one based on age, where seniority often determined promotions, to a system that prioritizes merit. The speaker further elaborated on the assessment of judges, particularly highlighting the challenges associated with relying solely on statistical data in this process. He emphasized that while statistical data can provide valuable insights into the performance of judges or prosecutors, it is insufficient on its own.

The presentations were followed by a discussion that drew parallels between the Italian and Georgian contexts.                                                                                        

Link to the discussion: https://www.youtube.com/watch?v=5mByrnbH1gM&list=PLPM7bw_Z4aflRtspGIzSnU8HIk-Fuk-ZS&index=11

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