Indipendenza del giudice e controllo disciplinare. Riflessioni a margine di una recente sentenza della corte di Cassazione tedesca

The so-called disciplinary control (Dienstaufsicht) of judges, which in Germany is carried out by the executive, is one of the most widely discussed issues with reference to the potential erosion of judicial independence. A recent decision of the Federal Court of Justice hinges on the conflict between judicial independence and executive control and represents a good starting point for a closer look at the evaluation of judicial systems in general and of judicial performance in particular. The underlying analysis sets out to demonstrate how the increasing importance accorded to quantitative data is likely to have a detrimental effect on the way in which the judiciary finds and interprets law.