JUDICIAL SYSTEM
ORDINAMENTO GIUDIZIARIO
| A.Y. | Credits |
|---|---|
| 2018/2019 | 6 |
| Lecturer | Office hours for students | |
|---|---|---|
| Maria Grazia Coppetta |
Assigned to the Degree Course
| Date | Time | Classroom / Location |
|---|
| Date | Time | Classroom / Location |
|---|
Learning Objectives
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 .
Program
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.
Bridging Courses
None
Learning Achievements (Dublin Descriptors)
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.
Teaching Material
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
Supporting Activities
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, Attendance, Course Books and Assessment
- 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.
- Disabilità e DSA
Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.
A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.
Additional Information for Non-Attending Students
- 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”.
- Disabilità e DSA
Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.
A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.
Notes
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).
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