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

 R. EMERJ, Rio de Janeiro, v. 21, n. 2, p. 11-39, Maio-Agosto, 2019  34 before the courts of first instance amounted to 1,296,075, before the Justice of the Peace and 3,265,875 before the tribunali. 94 m) Heads of Court and Managerial Skills The managerial skills needed to lead the courts also are of concern in this context. Heads of courts are appointed by the High Council of the Judiciary often without paying enough attention to their managerial skills. This problem is linked to the composition of the Consiglio Superiore della Magistratura . As to the elections of career magistrates to the CSM (who make up two thirds of the Council), a major problem is that the electoral system is not able to avoid the influence of various factions at the Magistracy who influence the list of candidates and the activities of the magistrates once elected as CSM members. As a consequence, a number of CSM deci- sions on the status of magistrates are challenged by magistrates before the administrative courts. The relatively high number of appeals might correspond to a widespread sense among magistrates that the decisions of the CSM are not always based on merit but may be influenced by the role played by CMS members, representing particular factions, in support of magistrates of the same faction. 95 n) Professional Evaluations of Magistrates: Open Issues As to the professional evaluations and promotions of magistrates, until the mid 1960s career advancement in the judiciary was based on evaluations by senior judges, who were expected to evaluate the written judicial opinions of their younger colleagues. Following a number of statutes enacted between 1966 and 1979, this system has undergone a radical change. As a consequence, promotions have been based largely on seniority of service. Promotion to a higher position means the judge is entitled but not obliged to perform the higher level functions. Therefore, a judge may gain the status and the salary of an appellate court judge, but is permitted to continue and serve as a judge of first instance if he or she so wishes. As a consequence, a couple of thousand judges enjoy the 94 Cf. Ministero della giustizia , Piano della performance 2015–2017, p. 15. 95 Cf. G. Di Federico , Judicial Independence in Italy, p. 361.