The course will  provide students with a thorough understanding of the sources governing the judicial system and of the institutional  and ordinamental profiles relative to the judge and to the public prosecutor, as well as  to analyze the legal status of the magistrates and  the guarantees given by the judicial system  to protec their autonomy and independence, with particular attention to the reform prospects .

The judicial sources. The constitutional principles. Ordinary jurisdiction,  special jurisdiction, specialized sections. Impartiality, independence, pre-established judge by the law; the distinction of the magistrates  by their  acts; the irremovability. The structure and powers of the Magistrates’ Governing Council . The relations with the Minister of Justice. The so-called "Implied powers" of the MGC. The access to the magistracy. The separation of  the careers and of  the functions. The civil, criminal and disciplinary liability. The organization  of the magistrates. The tabular system. The structure of the Public Prosecutor. Relations between the Public Prosecutor and his substitutes.

None

A) knowledge and understanding. The student must show to have  a  suitable knowledge of the sources and of the  judicial system,  with particular respect to criminal matters, and the ability of understanding  its constitutional and international principles and he also must show his understanding of its translation offered by the ordinary legislation and by the subordinate sources.

B) applying knowledge and understanding. The student must show to be able to apply his  knowledge by formulating possible interpretative solutions on controversial issues relating to the judicial system.

C) making judgments. The student must show to be able to integrate knowledge of  judicial system institutes with those of the constitutional and criminal procedural law  and to make critical judgments on the basis of  this interdisciplinary platform.

D) communication skills. The student must show to be an active part in seminars and groupworks; he must also show to  be able to explain clearly and effectively  the reached conclusions on the argumentative plan, dealing with teachers and with colleagues.

E) learning skills. The student must show to have developed the learning skills  to continue the study  of the judicial system on his own  and that he has the means to  understand the main criticalities of the system  and of the possible reforms.

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Visits to courts. Seminars on the themes of legislative reforme with the participation of legal practitioners (magistrates, lawyers).

The  educational materials provided by the teacher is found, along with other support activities ,in the Moodle> blended.uniurb.it platform

The course materials and the professor’s specific communications  are available, along with other support activities, in the Moodle> blended.uniurb.it platform

Teaching

Lectures, seminar meetings, groupworks.

Attendance

None

Course books

L. Pomodoro-D. Pretti, Manuale di ordinamento giudiziario, Giappichelli, 2015.

Assessment

The oral exam,  considered the only one suitable to test communication and technical skills of the student, as well as attitudes to establish connections with  similar disciplines  as  constitutional law and  criminal procedural law.

The evaluation criteria and the scale of marks are as follows:

less than 18/30: insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20/30: sufficient. The student attains the learning results described in “knowledge and understanding”.

21-24/30: satisfactory. The student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

25-27/30: good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

28-30/30: very good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”.

30 with honours: excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Intermediate written test with open questions.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Teaching

The professor will provide  teaching materials to the students in the Moodle platform in e-learning.

Attendance

None

Course books

L. Pomodoro-D. Pretti, Manuale di ordinamento giudiziario, Giappichelli, 2015.

Assessment

The oral exam,  considered the only one suitable to test communication and technical skills of the student, as well as attitudes to establish connections with the of similar disciplines disciplines of constitutional law and the criminal procedural law.

The evaluation criteria and the scale of marks are as follows:

less than 18/30: insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20/30: sufficient. The student attains the learning results described in “knowledge and understanding”.

21-24/30: satisfactory. The student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

25-27/30:  good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

28-30/30: very good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”.

30 with honours: excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Students who have passed the exam of Judicial system are exempt from taking the exam of Criminal Procedural law on the following topics: The criminal procedural systems - Jurisdiction and prosecution - The subjects of the trial: the judge and the prosecutor (Book I of the Criminal Procedure Code).