Il giudice ausiliario di Corte d’appello : una figura di giudice onorario in contrasto con la Costituzione

This paper analyses the Giudice ausiliario di Corte d’appello, a type of lay judge introduced by decree-law n. 69 of 2013, in light of the relevant constitutional principles. It starts by describing the role and functions of the Giudice ausiliario and defining the scope and objectives of art. 106.2 of the Constitution, considering, in particular, the relevant jurisprudence of the Constitutional court and the Corte di cassazione. It then argues that the norms establishing the Giudice ausiliario are unconstitutional, as they contrast with art. 106.2 and, more generally, they are not compatible with the constitutional principles regarding the judiciary; moreover, the creation of this new category of lay judges does not seem to be exceptional in nature, an element, which, in the past, has induced the Constitutional court not to declare the unconstitutionality of similar legislation. Finally, the paper examines the potential impact of a declaration of unconstitutionality on the efficient administration of justice.