77911 - Procedural Law and the Judicial System

Learning outcomes

The course provides a general overview of the main principles concerning legal action in Italy. Its purpose is to analyze the different legal proceedings (focusing, in particular, on the civil and criminal proceedings) in order to point out similarities and divergences. The course will also deal with the organization of the Italian judicial system, considering the following topics: the role of the judicial power in the States with a democratic and liberal tradition, the structure of the administration of justice in Italy, the organization of the Italian judicial offices, the efficiency of the judicial system.

Course contents

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 with accountability, the organization of the Italian judicial offices. References to case studies and empirical researches will be made as well.

 

The second part deals with the general principles concerning legal action, with regard to civil and criminal proceedings, including the following topics: the main features of judicial activity, the theory of the legal action, the role of the different actors of the proceedings, the structure of the proceedings, with particular regard - as far as the criminal process is concerned - to the due process of law.

Readings/Bibliography

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

 

G. F. RICCI, Principi di Diritto processuale generale, 2015, Giappichelli, Torino, solo capitolo 1 (parr. 1-11 e 19), capitolo 2 (parr. 1-11) e capitolo 3 (parr. 1-11);

 

E. MARZADURI, Art. 1, Legge costituzionale 23/11/1999 – Inserimento dei principi del giusto processo nell’art. 111 della Costituzione, in Legislazione penale, 2000, p. 762-804;

 

The above mentioned programme is valid also for Erasmus students.

Teaching methods

The course takes place during a semester and it is divided in two parts, which will be taught 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.

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 Daniele Vicoli