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 role of the judge in society, the concept of judicial independence as a fundamental value of the rule of law and of constitutionalism;

- The role of the public prosecutor as the "gate keeper" of criminal justice, the investigative and forensic function, the fundamental principles concerning criminal action;

- The interplay of various factors that affect the role of the judge and the public prosecutor, the impact on the political and social environment, the need for effective and efficient justice systems; the essential balance between independence and accountability.

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 context.  

 

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

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);

 

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

 

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

 

The programme is valid also for Erasmus students.

Teaching methods

The course takes place during a semester and it is divided in two parts.

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 Renzo Orlandi