The pluralistic and non representative membership of the Italian Constitutional Court

Abstract

Members of the Italian Constitutional Court are appointed by three different bodies (higher courts, the two chambers of Congress acting together and the President of the Republic), each one nominating five judges. Rules set for such appointments, although not problems-free, have produced on the whole positive results, allowing the Court to maintain a balanced role within the institutional system. Reform proposals, aimed at incorporating autonomous territories in the nomination of constitutional judges, due to the increased importance that these territories have acquired after the constitutional amendment passed in 2001, should be assessed cautiously. Specifically, it is necessary to avoid using criteria of representation, which might affect the balance that, so far, has been the trademark of the Italian Court.