First of all, the course aims to analyze the sources of law governing the judiciary system and outline the institutional and legal profiles about the judge and the prosecutor. Furthermore, the course intends to deepen the legal status of the magistrates, the ways in which their "career" progresses, their legal responsibilities, the guarantees established by law to protect their autonomy, independence and impartiality.

Particular attention will be paid to reform's prospectives regarding the judiciary system.

The judiciary sources of law and their evolution, from the Albertine Statute to the 2006 and 2007 reforms.

Constitutional guarantees to safeguard the independence, autonomy and impartiality of the judiciary.

Ordinary jurisdiction, special jurisdictions, specialized sections.

The structure and attributions of the Superior Council of the Judiciary. The delicate relationships between the C.S.M. and the Minister of Justice. The so called C.S.M. "implicit powers".

Access to the judiciary, career progression, professional appraisals, out-of-role placement, extra-judicial offices. The careers and functions separation.

The disciplinary and civil responsibility of the magistrate.

The structure of the Public Prosecutor's Office. Relations between the prosecutor of the Republic and his substitutes.

A) Knowledge and understanding - The student must show an adequate knowledge of the sources of the judiciary system, especially in the criminal area.
The student must also demonstrate the ability to understand the implications of the constitutional and supranational principles regarding the judiciary.

B) Applying knowledge and understanding - The student must be able to apply the acquired knowledge by formulating possible interpretative solutions to judiciary problems (for example, about internal law, supranational law, resolutions of the Superior Council of the Judiciary, the Constitutional Court decisions).

C) Making judgments - The student must know of the main problems characterizing the current judiciary system and provide suggestions for overcoming them.

D) Communication skills - The student must actively participate in study seminars and group work. He must also be able to show the conclusions he has reached in a clear and effective way, comparing himself with the teachers and colleagues. 

E) Learning skills - The student must show that he has developed the learning skills necessary to continue the study of the judiciary system in an autonomous way and to have the tools that allow him to grasp the main critical points of the system (and the reforms needed to fill them).

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

Guided tours to the C.S.M. and to the Scuola superiore della Magistratura (S.S.M.).

In-depth seminars particular relevance legislative topics, with the participation of magistrates, lawyers, C.S.M. functionaries.

Teaching

Lectures, seminar meetings, group work.

Attendance

Institutional knowledge of constitutional law.

Course books

Students can choose between:

Nicolò Zanon-Francesca Biondi, Il sistema costituzionale della magistratura, V ed., 2019, except for the following parts:

Francesco Dal Canto, Lezioni di ordinamento giudiziario, II ed., Giappichelli, 2020, except for chapter 14.

Assessment

Oral examination (at least three questions). This method is considered more suitable to verify the knowledge of legal institutions, the communicative ability and the linguistic abilities of the student, as well as the skill to highlight links with constitutional law and criminal procedure.

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

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

18-20: competence level sufficient. The student attains the learning results described in “knowledge and understanding”;

21-23: competence level satisfactory. The student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”;

24-26: competence level good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”;

27-29: competence level very good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”;

30-30 with honours: competence level 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.

Teaching

Lectures, seminar meetings, group work.

Attendance

Institutional knowledge of constitutional law.

Course books

Students can choose between:

Nicolò Zanon-Francesca Biondi, Il sistema costituzionale della magistratura, V ed., 2019

 

Francesco Dal Canto, Lezioni di ordinamento giudiziario, II ed., Giappichelli, 2020, except for chapter 14.

Assessment

Oral examination (at least three questions). This method is considered more suitable to verify the knowledge of legal institutions, the communicative ability and the linguistic abilities of the student, as well as the skill to highlight links with constitutional law and criminal procedure.

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

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

18-20: competence level sufficient. The student attains the learning results described in “knowledge and understanding”;

21-23: competence level satisfactory. The student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”;

24-26: competence level good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”;

27-29: competence level very good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”;

30-30 with honours: competence level 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 which passed the exam will not be requested to study the 1st book of the criminal procedure code, about jurisdiction and subjects (prosecutor and judge).