A bírósági rendszer Olaszországban. A mûködés néhány politikai aspektusa
The System of Law Courts in Italy

Summary/Abstract: The paper analyses the Italian system of the judiciary in a framework that consists of three elements, such as: 1. An interpretation of the Italian judiciary as a political institution (it means the external aspects of the judiciary, the relationship of the judiciary as a branch of state authority to legislation and the executive), 2. The issue of turning politics into legal issues, and 3. The problem of partitocrazia. Due to partitocrazia the posts of judges belong to the sphere of patronage positions in Italy, that constitute an issue for interparty bargains. The judges are characterised by taking up active political roles and by a strong political activism, whereas the judiciary as a whole are characterised by marked political divisions, an institutionalised political articulation and strong embeddedness in politics. Political influence is asserted by the promotion of judges. The operation of the administrative organ of law courts, of the Supreme Council of the Administration of Justice has political implications, which derives from the nature of the Council being a political institution. This feature derives primarily from the recruitment of the Council, from the fact that both the judges as well as the lay elements are selected by political considerations. Italy is characterised by a politicized system of the judiciary on the basis of the operation of law courts and the organisation of the judges. The law courts belong to the institutions of the political system and are parts of the political process.

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