77911 - Procedural Law and the Judicial System

Learning outcomes

The Course is designed to introduce students to the main concepts that characterize the role of judges and public prosecutors and the fundamental values associated thereto. More specifically, it aims at providing the knowledge necessary to promote critical thinking about:

- the fundamental principles affecting the role of judges and prosecutors in States with democratic and liberal tradition;

- the historical development of judicial institutions in Italy and the interplay between the judicial power and the political powers;

- the main values and duties affecting the role of judges and prosecutors and the essential balance between independence and accountability;

- the organization of the administration of justice in Italy;

- the need for effective and efficient justice systems; the ongoing reforms and challenges connected to the modernization of the Italian justice system.

Course contents

The Course is divided into two parts.

The first part is dedicated to the analysis of the organization of the Italian judicial system and to the main problems concerning its efficient functioning. Particular attention will be devoted to the following topics: judicial independence, status of judges and public prosecutors, non-professional judges, the governance of the judicial system (the Superior Council of the Magistracy, the Ministry of Justice, the judicial boards), the difficulty to balance judge's independence and accountability, the organization of the Italian judicial/prosecutorial offices.

Additional topics are: the main features of judicial activity, the theory of legal action, the role of the different actors of the proceedings, the structure of the civil and criminal proceedings.

The second part is dedicated to the organization of criminal justice. Particular attention will be devoted to investigative, prosecutorial and adjudicating functions, considering also the historical and international context. As far as the European context is concerned, the analysis will focus on the most important authorities and agencies operating in the criminal sector, such as Eppo (which has started its operations since the 1st of June, 2021), Olaf, Eurojust, Europol. Representatives of such agencies will also be invited to discuss some relevant cases with the students.  

The course will be supplemented with the analysis of case studies, reform bills, research reports and empirical data.

Readings/Bibliography

G. DI FEDERICO (a cura di), Ordinamento Giudiziario. Uffici giudiziari, CSM e governo della magistratura, BUP, 2019;

R. ORLANDI, Organizzazione della giustizia penale, in P. BIAVATI, D. CAVALLINI, R. ORLANDI, Assetti della giustizia civile e penale italiana, Il Mulino, Bologna, 2016;

L. SALAZAR, Habemus EPPO! La lunga marcia della Procura europea, in Arch. pen., 2017, n. 3, p. 1-61 (https://www.ecba.org/extdocserv/conferences/rome2020/EPPO_Salazar.pdf )

Optional Reading:

E. BRUTI-LIBERATI, Magistratura e società nell’Italia repubblicana, Laterza, Bari-Roma, 2018 (two chapters to be chosen by the student).

The programme is also valid for Erasmus students.

Teaching methods

The course takes place during a semester and it is divided into two parts. Students can attend the lectures both online and in the classroom. Seminars will be organized as well, with the participation of distinguished experts and scholars.

Assessment methods

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

The final grade will be determined as follows:

18-19: very poor knowledge of the course's contents

20-24: poor knowledge of the course's contents and limited capacity to organize critical thoughts

25-29: good knowledge of the course's contents and good capacity to organize critical thoughts

30-30 cum laude: excellent knowledge of the course's contents and excellent capacity to organize critical thoughts

Teaching tools

Slides and further documents may be used during the course to analyse specific subjects. They will be available in the virtual space of the course.

Office hours

See the website of Daniela Cavallini

See the website of Giulia Lasagni