La posizione costituzionale del Csm tra argomenti di ieri ed effettività dell’organo

The Italian High Council of the Judiciary (Consiglio Superiore della Magistratura, CSM) is the constitutional body which is called to guarantee the independence of the judiciary (more precisely, of that part of judiciary which have competence in ordinary jurisdiction). This paper analyses and discusses the role of CSM, from the point of view of constitutional law and in a historical perspective, by two steps. In the first part, the Author retraces the main doctrinal opinions about the constitutional position and functions of CSM, by reconstructing the debate around some key concepts or expressions like “self-government of judiciary”, “order” and “power” (referred to the judiciary as an institutional and professional body), “independence”, “guaranteeing functions” and “representative functions”. In the second part, the interpretative model of CSM’s role, which the Author has defined by the previous theorical analysis, is discussed in the light of effective experience of this constitutional body and, especially, of the evolution of its (gradually increasing) regulative functions. In the conclusion of the paper, the Author reflects on the relation between the expansion of CSM’s regulative functions and the spread of jurisdiction towards legislature, expressing also some suggestion to maintain a correct balance between judiciary and political power.