77911 - Procedural Law and the Judicial System

Academic Year 2017/2018

  • Moduli: Daniela Cavallini (Modulo 1) Daniele Vicoli (Modulo 2)
  • Teaching Mode: Traditional lectures (Modulo 1) Traditional lectures (Modulo 2)
  • Campus: Bologna
  • Corso: Single cycle degree programme (LMCU) in Law (cod. 0659)

Learning outcomes

The course provides a general overview of the principles concerning legal action in Italy. Its main objective is the analysis of the different legal proceedings (civil, criminal, administrative and tax proceedings) in order to point out similarities and divergences. Moreover, the course will analyse the organization of judicial power (organization of courts and public prosecutors' offices, status of judges and prosecutors, current problems concerning the performance and the evaluation of the judicial system). Seminars may be organized during the course.

Course contents

The course takes place during a semester and is divided in two parts. The first part is dedicated to the analysis of the structure and the governance of the Italian judicial system and to the problems concerning its efficient functioning. The second part deals with the general principles concerning legal action, with regard to civil, criminal, administrative and tax proceedings, including the following topics: the theory of the legal action in the different jurisdictions, the rights of defence, the judicial decision, the taking of evidence.

Readings/Bibliography

G. F. RICCI, Principi di Diritto processuale generale, sesta edizione, Torino, 2015

D. CAVALLINI (ed.), Argomenti di Ordinamento giudiziario, Bup, Bologna, 2014 (only chapters 3 and 5)

 

Alternative programme (more specifically focused on the organization of the judicial system):

P. BIAVATI - D. CAVALLINI - R. ORLANDI, Assetti della giustizia civile e penale in Italia, Il Mulino, Bologna, 2016 (only chapters 1, 2, 3, 4, 5 e 6)

G. DI FEDERICO (a cura di), Ordinamento giudiziario. Uffici giudiziari, CSM e governo della magistratura, II ed., Cedam, Padova, 2012 (except chapter 6 and part II of the Appendix)

Teaching methods

The course takes place during a semester and it is divided in two parts, which will be held by prof. Daniela Cavallini (first part) and prof. Daniele Vicoli (second part).

Assessment methods

Oral exam. The exams of Constitutional law and Private law are pre-conditions to be admitted to the exam.

Only students having attended the whole course can be admitted to the final dissertation. The topic of the final dissertation is agreed with the student, following his/her skills.

Office hours

See the website of Daniela Cavallini

See the website of Daniele Vicoli