Judicial independence and “non-judicial” decisions: the role of judicial assistants in the decision-making process

SUMMARY: I. THE INTRODUCTION OF JUDICIAL ASSISTANTS IN EUROPE AND THE PRINCIPLE OF INDEPENDENCE. II. INDEPENDENCE IN DECISION-MAKING: A CONFLICT BETWEEN THE JUDICIAL ASSISTANT AND THE PRINCIPLE OF JUDICIAL INDEPENDENCE? III. EXPLORING THE ROLE OF JUDICIAL ASSISTANTS IN THE EUROPEAN LEGAL SYSTEMS. 3.1. And the Case of Italy: The Recent Reform of the Office for Legal Proceedings. IV. MEASURES TO SAFEGUARD JUDICIAL INDEPENDENCE FROM THE JUDICIAL ASSISTANT. 4.1. Restraint of the Judicial Assistant’s Activities: Still Possible (or welcome)? 4.2. Improving Working Procedures. 4.3. Organizing the Assistant-Judge Relationship. V. ANOTHER ASPECT OF INDEPENDENCE: THE INDEPENDENCE OF THE JUDICIAL ASSISTANT. 5.1. Possible Measures for implementing the Independence of the Judicial Assistant. 5.2. Measures to Safeguard the Independence of the Judge and the Judicial Assistant: The Case of Italy. VI. FINAL REMARKS.