13029 - General Procedure Law

Learning outcomes

The course tends to the knowledge and formation of a person skilled in mastering abilities to think critically and communicational paths, juridically in line with the times. Therefore, in fact, a first part completely dedicated to the study of general theory and principles of jurisdictional protection is provided, because only through these can be mastered the ability to face problems, the solution of which can be obtained using general theory basis even if that is not immediately evident. Second part is maily dedicated to the study of more specific and concrete fields; those, in fact, cannot miss in a modern graduated cv: alternative dispute resolutions, more rapid and effective than traditional one, and therefore very appealing to post-modern markets; attention to companies needs, not only from a macro-dispute point of view but also from those of a single worker; procedure and judicial law in corporate law; european law paths, that cannot be ignored from many year by now.

Course contents

Caledar of lessons, divided by topics (matching exam content): 1) Constitutional, international and european law about procedural law; role of judicial precedent and general principles; 2) Purpose of the trial: material and trial truth. Implications on protection models. 3) The judge: neutrality; impartiality. Outlines of judiciary law. 4) Jurisdicion. Ordinary and administrative tribunals. Jurisdiction regulation. 5) Costs and times of the trial. Demands for proceedings differentiation. Demands for proceedings standardising. Procedural models in a comparative perspective. 6) Plaintiff in civil proceedings. Procedural requirements and conditions for action. Formal aspects of documents instituing the proceedings 7) Action in criminal proceedings. The public prosecutor. Action in administrative and tax judicial proceedings. 8) Principle of the right to a fair hearing: the adversarial system. Judgement by default. (Un)contested claims. 9) The defendant in civil proceedings. Pleas and counterclaims. 10) The judgement: the adequate reasons; the corrispondence between the ruling and the application; the corrispondence between charges and the judgement in criminal proceedings. 11) The principle of res iudicata: judicial and substantial aspects. Subjective and objective limits to res iudicata in civil proceedings. 12) The principle of equality of arms in civil, criminal, administrative and tax proceedings. 13) Procedural documents: invalidity. Form and formalism in an european perspective. 14) The burden of proof. Categorisation of the means of proof. Written evidence. 15) Oral evidence. Non-typical evidence. Illicit evidence. The electronic document. 16) Arbitration 17) Mediation and conciliation 18) Basics on civil execution. Proceedings for compiance in administrative law. 19) Interim measures. 20) Conclusions: proceedings models compared.

Readings/Bibliography

Non-taking classes students: 1) G. F. Ricci, Principi di diritto processuale generale, VI ed. 2015, Giappichelli, Torino.
2) F.P. Luiso, Diritto processuale civile, Volume V: La risoluzione non giurisdizionale delle controversie, IX ed. 2017, Giuffré, Milano (only the chapters no. 3, 5, 8, 9, 10, 12, 16)

Taking classes students: G. F. Ricci, Principi di diritto processuale generale, VI ed. 2015, Giappichelli, Torino (only parts on civil proceedings), completed with notes took during classes (expecially about arbitration, mediation and conciliation).
Note: "taking classes students" are intended to be those who attended at least 75% of lessons; those are allowed to take the exam under "taking classes students" program only in exam sessions of the year when they have attended the course. Otherwise, "non-taking classes students" program and readings apply.

Assessment methods

Oral exam at the end of the course

Office hours

See the website of Roberto Bonatti