Constitutional law and the judiciary

A.Y. 2020/2021
6
Max ECTS
42
Overall hours
SSD
IUS/08
Language
Italian
Learning objectives
Undefined
Expected learning outcomes
Undefined
Course syllabus and organization

Single session

Responsible
Lesson period
First semester
Lessons will be face-to-face.
Lessons will be held also synchronously online via the Microsoft Teams platform.
More information available on ARIEL platform.
Course syllabus
The course illustrates the organization of the ordinary and special judiciaries with a predominantly constitutional approach, i.e. exploring the notions of autonomy, independence, and impartiality of the judge to which the judicial system itself must aim.
Lessons are dedicated to the deepening of the rules that preside over the exercise of the judicial function: methods of interpreting the law, the limits of judicial interpretation, the meaning of obligatory prosecution, and the Judicial Police's use of the Prosecutor.
Historical sources will be used to fully understand the role that the judiciary has played and continues to play in the Italian constitutional system. Literary sources will also be used to understand the perception that society has of the judiciary.
Specific issues could be the object of particular in-depth study, with seminars joined by both ordinary and administrative judges and by scholars of the judiciary system to discuss the most relevant topical issues.

The course will focus on the following topics:
- the concept of judicial autonomy, with particular attention to the tasks entrusted by the Constitution to the Superior Council of the Judiciary and the autonomous governing bodies of the special judiciaries;
- the concept of "institutional" independence of the judiciary both with regard to external independence, i.e. regarding political power (e.g. the relationship between the judiciary and politics), and regarding internal independence (e.g. career management of judges by the CSM);
- the concept of "functional" independence: scope and limits of interpretative activity in a civil law system, the relationship between the interpretation of common judges and the interpretation of the Constitutional Court and supranational bodies, and function of the Court of Cassation and legal certainty;
- the organization and function of the public prosecutor's offices;
- the responsibilities of judges.
Prerequisites for admission
Passing the exam in Constitutional Law is a prerequisite for the exam in Constitutional Law of the Judiciary exam.
Teaching methods
Students must study the main topics covered in the lessons independently. The chapters of the book to be studied will be indicated by the teacher at the beginning of the course.
Students who are not attending will have to prepare themselves on all the chapters of the textbook. The exam will be oral.
Teaching Resources
N. Zanon - F. Biondi, Il sistema costituzionale della magistratura, Zanichelli, Bologna, 2019
Assessment methods and Criteria
Students must study the main topics covered in the lessons independently. The chapters of the book to be studied will be indicated by the teacher at the beginning of the course.
Students who are not attending will have to prepare themselves on all the chapters of the textbook.
The exam will be oral.

Erasmus students - There are no specific subjects or specific examination procedures. However, Erasmus students will agree with the teacher to complete a report on the comparison between some aspects of the parliamentary organization of their country and that of the Italian Parliament.
IUS/08 - CONSTITUTIONAL LAW - University credits: 6
Lessons: 42 hours
Professor: Biondi Francesca
Professor(s)