Revista da EMERJ - V. 21 - N. 2 - Maio/Agosto - 2019

27  R. EMERJ, Rio de Janeiro, v. 21, n. 2, p. 11-39, Maio-Agosto, 2019  d) Number of Judges The number of career magistrates, as fixed by statute 68 , amounts to 10,151: 6,379 judges, 2,157 prosecutors (among them, 150 are on tem- porary leave of absence to perform other duties, e.g. at the Ministry of Justice, and 354 are trainees). There are about 2,765 career judges dealing at first and second instance with civil cases. 69 In addition to career magistrates, there is an even higher number of honorary magistrates. 70 They have a legal education (mostly, they are prac- titioners) and are managed by the CSM, but their status and remuneration is quite different from that of career magistrates. 71 There are several types of honorary judges; among who mare those dealing more intensively with civil cases including 1,880 justices of the peace, giudici di pace, (who also deal with small minor criminal offences), 72 2,156 honorary judges in the courts of general jurisdiction ( tribunali ), 117 honorary judges in the courts of appeal, 1,096 honorary judges in the juvenile courts. 73 e) Number of Proceedings (Clearance Rate, Disposition Time) It is worth relating the number of judges dealing exclusively or mainly with civil cases (2,765 career judges, 1,880 justices of the peace, 2,156 honorary judges in the tribunali , and 117 honorary judges in the courts of appeal) to the number of civil cases before the courts of first and second instance. The term “civil cases” refers to all ordinary proceedings (also dealing with labour related disputes, family matters, bankruptcy and insolvency, at first and second instance), summary proceedings (mainly 68 Currently, Law no. 181 of 2008. 69 This number emerges a survey conducted in 2014 by the High Council of the Judiciary, available online at www.csm. it. In reality, the number of career judges will be a little higher, as a few courts did not answer the questionnaire sent around by the CSM. 70 Art. 106, para 2 and 116 Const. 71 The trend towards the deployment of an increasing number of honorary judges is grounded in the need to reduce the costs of the administration of justice, but the differences of status and pay between honorary and career judges has caused tensions that need to be tackled by the lawgiver (s. the draft law no. 1738 of 2015, currently pending in Parliament). Historical statistics, concerning the first decades of the XXth century, show that the Italian justice system performed far better than today, when honorary judges were assigned the most of civil disputes. Cf. A. Proto Pisani , Che fare della Magistratura onoraria?, Foro Italiano, 2015, V, c. 364. 72 For this number of currently working justices of the peace, s. Ministero della giustizia , Piano della performance 2015– 2017, p. 11. 73 These data are available online at www.csm.it .

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