Danno non patrimoniale e responsabilità civile dei magistrati

Starting from the Constitutional Court’s ruling 205/2022, the author analyzes the civil liability of judges in respects of facts occurring in the performance of their duties. The decision establishes the constitutional illegitimacy of the art. 2 comma 1 of the law 117/1988 because, in its original formulation, the article limited the compensation of non-pecuniary damages to the ones resulting from the privation of personal freedom. Once outlined the fundamental junctures of the motivational process of the Constitutional Court’s ruling and after a brief examination of the reference discipline and case law on gross negligence of judges, the paper critically dwells on non-pecuniary damage and its compensability under article 2059 of the Civil Code.