Diritto Pubblico Comparato ed Europeo

Sommario

1. Indipendenza della magistratura e Constitutional Reform Act. − 2. Il procedimento di nomina dei giudici. Composizione e funzioni della Judicial Appointments Commission. − 3. Il rendimento del si- stema di reclutamento dei giudici. − 4. Ulteriori ipotesi di riforma. Conclusione.

Abstract

This contribution concerns the procedure for recruiting judges in England and Wales, fol- lowing the reforms introduced by the Constitutional Reform Act 2005 (CRA), as applied during the first years of applicability of the new appointment system. Attention is mainly focused on the activity of the Judicial Appointments Commission, a body which plays a key role in the re- cruitment procedure, whilst the role of the Lord Chancellor appears to be receding, in prac- tice more than in formal terms. The article briefly analyses some further procedures for reform aimed at reinforcing the independence of judges right from the stage of their appointment; partially different considerations apply to the justices of the Supreme Court, due to the abso- lutely special functions conferred on that body under the CRA. Therefore, from the perspec- tive of the implementation of the principle of the separation of powers, the current arrange- ments are viewed in a positive light, whereas prior to the CRA 2005 the compatibility of the previous arrangements was questionable, due to the prerogatives reserved to the Lord Chan- cellor.