The course aims at examining the Italian legal system field concerning the constitutional principles in matters of judicial function; carrying out a critical analysis of the provisions of the Constitution relating to the judiciary in the light of the interpretation of the constitutional case-law established over time. The structural, organizational and functional aspects of the judicial activity will also be explored.
Special emphasis is placed on the analysis of the legislation on the judicial system, from its origins to its latest developments; on the structure of the judicial function, struggling between the unity enshrined in our Constitution and the judicial pluralism fostered by legislative measures enhancing the “exclusive jurisdiction” exercised by administrative courts.
At the end of this course, successful students will develop a broad and comprehensive vision of the issues related to the judicial function in a complex legal system, with a particular focus on constitutional law but also considering the close links with the other branches of law (notably with procedural law). The course is therefore particularly recommended for students interested in starting a career in the judiciary.
Special emphasis is placed on the analysis of the legislation on the judicial system, from its origins to its latest developments; on the structure of the judicial function, struggling between the unity enshrined in our Constitution and the judicial pluralism fostered by legislative measures enhancing the “exclusive jurisdiction” exercised by administrative courts.
At the end of this course, successful students will develop a broad and comprehensive vision of the issues related to the judicial function in a complex legal system, with a particular focus on constitutional law but also considering the close links with the other branches of law (notably with procedural law). The course is therefore particularly recommended for students interested in starting a career in the judiciary.
teacher profile teaching materials
F. Dal Canto, Lezioni di ordinamento giudiziario, Torino, Giappichelli, 2018, con esclusione dei capitoli I, II, XI, XIV (par. da 9 a 17) e XV
Non-attending students
F. Dal Canto, Lezioni di ordinamento giudiziario, Torino, Giappichelli, 2018, con esclusione dei capitoli I e XI
Programme
The organization of the judicial system. – An analysis of the legislation on the judicial system. – The constitutional principles and the current sources of the judiciary. – Il Consiglio superiore della Magistratura (the Superior Council of the Judiciary). – The role of the Minister of Justice and his relationship with the Superior Council of the Judiciary. – The organization of the courts and the career of magistrates. – The role of the Public Prosecutor in the Constitution and in the legislation. – The civil and disciplinary liability of magistrates. – Unity and pluralism in the judicial system and their consequences on the organizational models. – The role of the judges. - International and European law. – The difficult relationship between jurisdiction and politics.Core Documentation
Attending studentsF. Dal Canto, Lezioni di ordinamento giudiziario, Torino, Giappichelli, 2018, con esclusione dei capitoli I, II, XI, XIV (par. da 9 a 17) e XV
Non-attending students
F. Dal Canto, Lezioni di ordinamento giudiziario, Torino, Giappichelli, 2018, con esclusione dei capitoli I e XI
Type of evaluation
The activity ends with an oral test.