Judicial independence and Judges’ Salaries in Italy in Light of the ASJP Judgment: Towards the Emergence of a Common Constitutional Principle?

Through the rule-of-law crisis in Poland and Hungary, the issue of judicial independence has acquired a pan-European relevance. In such a context, the judgement in Associação Sindical dos Juízes Portugueses amounts to a very important piece of the puzzle, as it connects the issue of judicial independence to that of the amount of the judges’ salaries; or, more bluntly, it connects the issue of legitimacy to that of money. The inherent potential of the judgement has not gone unnoticed. It has indeed promoted a widespread debate in Italy, with decisions of the Italian Constitutional Court as well as preliminary references of Italian judges to the ECJ. My intervention has a twofold objective. On the one hand, it aims at mapping out this area of law and its most recent developments in Italy. On the other hand, it aims at better understanding whether we are witnessing the emergence of a common constitutional principle and, if so, what the normative core of this principle is.