La influencia de las asociaciones judiciales en los nombramientos de los altos cargos de la judicatura: ¿un mal o una oportunidad? una comparación entre las experiencias italiana y española

Abstract

The selection of senior members of the judiciary is one of the key functions of the self-governing body in countries with such a body. Relevant doctrine has studied them precisely by focusing on the General Council of the Judiciary and, from there, branching out to analyse them. The interest of this article, anyway, lies in the fact that discretionary appointments will be analysed here in relation to the freedom of association of Judges and Magistrates and the interest of professional associations in influencing this selection, which makes an ordinary regulation of their function opportune in order to avoid establishing bad practices. The purpose of the study will focus on the specific cases of Italy and Spain, which, as will be seen, for different reasons, maintain a high level of attention and debate on the issue. Thus, an attempt will be made to provide some common proposals, always in accordance with European law and with the Recommendations of different bodies of the European institutions