Judiciary of Italy

The judiciary of Italy is composed of courts and public prosecutor offices responsible for the administration of justice in the Italian Republic. Offices are occupied by either bench judges or public prosecutors, jointly known as magistrates, echoing the Roman tradition. Magistrates belong to the magistracy, one branch of the State that Italian citizens may access if they hold an Italian Juris Doctor and successfully partake in one of the relevant competitive public examinations organised by the Ministry of justice.

The magistracy is the repository of the judicial power, one of the three branches of the State. Marked by an absence of internal hierarchy, it is furthermore independent from any other branch or power of the State. The independence of the magistracy protects all its members against the executive and legislative branches, in particular the former one which does not possess powers over the appointment, career progression, and the prerogatives of magistrates. Magistrates may stay in office until the mandatory retirement age is met.

The Italian judiciary encompasses three independent judicial circuits. The ordinary judicial circuit handles civil and criminal matters. In this circuit, inferior courts have original and general jurisdiction over civil and criminal disputes, while appellate courts review cases on appeal from these lower courts, focusing primarily on the application of legal principles. The Corte suprema di cassazione sits as supreme court in this judicial circuit.

The Italian judiciary is widely distrusted by citizens with a majority of 54% of Italians expressing a critical view and stating they "have little trust" in judges in September 2024.

The specialised judicial circuit comprises courts with jurisdiction over administrative, tax and audit matters. The Consiglio di Stato and the Corte dei conti are the supreme courts for administrative and audit matters respectively. The Corte suprema di cassazione has final appellate jurisdiction on tax matters.

The military judicial circuit has, during time of peace, jurisdiction limited over crimes perpetrates by members of the Armed Forces. If the Parliament declares the state of war, the jurisdiction of military courts covers a number of subject-matters specifically defined by law.