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General Inspectorate

last update: August 8, 2018

Via Silvestri, 243 - 00164 Roma
tel. +39 06 665981
fax +39 06 66598265
e-mail: segr.capo.ispettorato@giustizia.it

 

The General Inspectorate [Ispettorato generale] was set up by the Decree of the President of the Republic [D.P.R.] no. 315 of 25 July 2001. It’s one of the offices of direct collaboration with the Minister of Justice [uffici di diretta collaborazione del Ministro della Giustizia]. Its functioning and organization is governed by Law no. 1311 of 12 August 1962.

The General Inspectorate carries out control functions, reporting directly to the Minister (pursuant to Article 9, Law no. 1311 of 12 August 1962), or to the High Council of the Judiciary [Consiglio superiore della magistratura] when it operates on its request (Article 8, Law no. 195 of 24 March 1958). It coordinates its activity with the Department of Judicial Affairs [Dipartimento per gli affari di giustizia (DAG)] and the Department of Judicial Organization, Personnel and Services [Dipartimento dell'organizzazione giudiziaria, del personale e dei servizi (DOG)] (Article 8, Decree of the President of the Republic [D.P.R.] no. 315 of 25 July 2001).
The General Inspectorate is charged with supervising all the judicial offices/courts, the Commissioners for Communal Uses [Commissariati agli usi civici], the High Tribunals of Public Waters [Tribunali superiori per le acque pubbliche], and the Offices for the service of notifications, enforcements and protests [Uffici notifiche e protesti – Unep].

 

The inspections it performs fall essentially into four categories (Article 7, Law no 1311 of 12 August 1962):

  • Ordinary inspection [ispezione ordinaria]: this is ordered by the Head of the Inspectorate to verify whether an office acts in compliance with the laws, regulations and rules in force. These inspections are normally carried out every three years
  • Extraordinary inspection [ispezione straordinaria]: this is ordered by the Head of the Inspectorate before the expiry of the three-year period set for ordinary inspections in respect of an office where shortcomings or irregularities have been found or reported
  • Targeted inspection [ispezione mirata]: this is ordered by the Minister, whenever it deems it appropriate, in respect of a judicial office/court. It consists in a partial inspection for checking its productivity and measuring the amount and timeliness of work carried out by each judge
  • Administrative inquiry [inchiesta amministrativa]: the Minister avails itself of the General Inspectorate to carry out inquiries on members of the judiciary and on anyone employed by the Ministry of Justice. In this same category can be considered to fall also the General Inspectorate’s activity carried out upon r by the High Council of the Judiciary [Consiglio superiore della magistratura] (Article 8, Law no. 195 of 24 March 1958).

The General Inspectorate composed as follows (Article 1, Law no. 1311 of 12 August 1962):

  • a judge of Court of Cassation standing and with executive management functions, who is the Head of the General Inspectorate [capo dell’Ispettorato generale]
  • a judge of Court of Cassation standing and with executive management functions, or a judge of Court of Cassation standing, who is the Deputy-Head of the General Inspectorate [vice capo dell’Ispettorato generale]
  • seven judges of Court of Cassation standing, who are Head General Inspectors [ispettori generali capi]
  • twelve judges of Court of Appeal standing, who are General Inspectors [ispettori generali]
  • The Head of the General Inspectorate can appoint General Inspectors to perform administrative functions (Article 7, Law no. 426 of 8 August 1980).

The General Inspectorate’s staff is made up of managers and officials from the permanent staff of the Ministry of Justice. These managers and officials cannot be posted to an inspection area within the Court of Appeal where they served in the previous five years.

The officials report directly to the Head of the General Inspectorate (Article 4, Law no. 1311 of 12 August 1962,).

The powers of inspection of the Administrative managers and officials serving at the General Inspectorate, are conferred upon them by a Decree of the Minister of Justice [D.M.] (Article 5, Law no. 1311 of 12 August 1962).