The italian judicial system

A.Y. 2015/2016
Overall hours
Learning objectives
Educational objectives and learning results expected defined on the basis of the five descriptors of Dublin:
- Knowledge and capability of comprehension: the student must demonstrate to have gained a fundamental knowledge on the organization and functioning of justice in our Country.
- Applicative capabilities: the student must prove to know how to apply the assimilated notions to concrete and specific contexts, also debated within jurisprudence, concerning the organizational structure of justice both judging and requiring.
- Anatomy of judgment: the student must prove to be able to assume a position based on valid arguments and juridically sustainable regarding the subject at hand.
- Ability to communicate: the student must show that he/she can express the acquired notions with a argumentative coherence, systematic thoroughness and language capabilities.
- Capability to learn: the student must prove to know how to rebuild historical and evolutionary profiles of the judicial system with confident knowledge of the normative sources.
Expected learning outcomes
Course syllabus and organization

Single session

Lesson period
Second semester
Course syllabus
Content and purpose of the discipline:
The course has the objective to study the organization of justice in Italy under both the structural and functional profile, with particular regard to the relationships that exist between the organization of the offices and the implementation of the constitutional principles of the fair trail and of the impartial judge as well as those related to the independence and the irremovability of magistrates. Particular attention will be reserved to the recent reforms which have intervened in the subject, as for example, the one regarding the new discipline of civil responsibilities of judges. The course will be completed with hints on the organization of the Bar and forensic deontological ethics. Throughout the duration of the course practical cases and judgements will be made available for classroom discussion/debate.
Course programme:
1. History of the judicial institution in the Italian State post-union. Introduction to the subject.
2. Jurisdiction and administration: differences. Notion of jurisdiction and in-depth analysis on civil jurisdiction and on its constitutional guarantees.
3. Art. 111 of the Constitution and the principle of the impartiality of the judicial organ. Abstention and recusation: motives and procedure.
4. Independence of the judiciary and incompatibility.
5. The CSM.
6. The other bodies of the magistrature: the Judiciary Councils, the Governing Council of the Court of Cassation, the superior School of the magistrature.
7. Hints on the concepts of ''body'', ''office" and power; the territorial allocation and by grade of the offices (horizontal and vertical competence); the repartition in sections. The requiring and the judging offices.
8. The natural judge pre-established by law and the "tabellar system".
9. The ordinary judge: access to the career, the recruitment and the apprenticeship, the evaluations on professionalism.
10. Internal mobility and transfers of location and functions.
11. Civil, penal and accounting responsibilities of magistrates.
12. Disciplinary offences and the disciplinary proceeding.
13. Analysis of the Italian Cassation Court, also in a prospective of comparative law; short hints on European Courts.
14. The ordinary judge. In-depth analysis on the role of the Justice of the Peace.
15. Prosecutors with "requiring" functions: the hierarchal organization of the P.M's office; the separation of careers; the functions of the public prosecutor in the penal trial and, specifically, in the civil trial.
16. The special judge: notions, constitutional placement. Examination of the principal specialty judges in our system: T.a.r, State Council, Court of Auditors, military Tribunals, tax-Commissions and others.
17. Auxiliary staff of the judge: clerk of the court, bailiff, guardian, technical consultant and other figures.
18. The Bar: the role of the lawyer from Calamandrei's idea to our days. The procedure to access the profession, apprenticeship, State exam, registration to the board and continuous training.
19. Brief overview of the new forensic professional law.
20. Mentions on forensic professional ethics.

Text books:
For the students who attended the course, the examination is oral and consists of a interview, aimed at verifying the level of knowledge of each student, regarding exclusively topics examined during lessons and on the material which will provided by the Professor.
The non-attending students will, instead, study both these text books:
- Scarselli, Ordinamento giudiziario e forense, Milano, Giuffrè, last published edition;
- Pomodoro (with the collaboration of Castiglioni e Pretti), Manuale di ordinamento giudiziario, Torino, Giappichelli, last published edition.
It is necessary to have sat successfully the exams of "Institutions of Private Law" and "Costitutional Law".

Students are reminded that all communications relative to the course will be made available on the Ariel platform.
IUS/15 - CIVIL PROCEDURAL LAW - University credits: 6
Lessons: 45 hours
Professor: Spaccapelo Chiara