Università degli Studi di Urbino Carlo Bo / Portale Web di Ateneo


JUDICIAL SYSTEM
ORDINAMENTO GIUDIZIARIO

A.Y. Credits
2019/2020 6
Lecturer Email Office hours for students
Chiara Gabrielli In the lesson period, on wednesday at 1 pm. In the other periods, on an agreed day by writing to chiara.gabrielli@uniurb.it

Assigned to the Degree Course

Law (LMG/01)
Curriculum: PERCORSO COMUNE
Giorno Orario Aula
Giorno Orario Aula

Learning Objectives

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.

Program

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.

Learning Achievements (Dublin Descriptors)

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).

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

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.


Didactics, Attendance, Course Books and Assessment

Didactics

Lectures, seminar meetings, group work.

Attendance

Institutional knowledge of constitutional law.

Course books

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

- §§ 10, 11.2, 11.3, 11.4 e 12 of chapter 2

- §§ 12 e 13 of chapter 3

- chapter 5

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”.

Additional Information for Non-Attending Students

Didactics

Lectures, seminar meetings, group work.

Attendance

Institutional knowledge of constitutional law.

Course books

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

- §§ 10, 11.2, 11.3, 11.4 e 12 of chapter 2

- §§ 12 e 13 of chapter 3

- chapter 5

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”.

Notes

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). 

« back Last update: 22/07/19

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