Another 46 million euros was paid out to . Do you have a 2:1 degree or higher? Costituzione della Repubblica Italiana, [Gazzetta Ufficiale 27 dicembre 1947, n. 298]. "Having been found innocent before, I expected better from the Italian justice system." . Precautionary measures apply to those cases in which: There is a real and actual danger that the gathering or the authenticity of evidence could be compromised. Comparison - Conclusions - Bibliography Contextual background for the comparison The parties are responsible for gathering and filing evidence with the court. External independence does not just apply to the moment when the prosecutor decides upon penal action: the prosecutor is fully independent even during the investigation phase, during which he or she directs the police. The role of the precedent in the English and Italian judicial system: Between Stare Decisis and Constant Jurisprudence SUMMARY: 1. The Italian law is based on Roman law in regards to civil law and the codes of the kingdom of Sardinia, one of Italy's twenty regions, in civil and penal affairs are from the Napoleonic Code which extended to all of Italy when it was unified in the mid-19th century (Wickham & Clark, N.d.). And yet, in practice, a decision of the Italian Supreme Court of Cassazione will be followed by lower courts to the same extent of the english ones, due to the particular Nomofilactic[13] function entrusted to the Supreme Court itself: in addiction of being the Court of last instance in civil and penal matters, it has indeed the task of ensuring the observance and uniform interpretation of the law, in order to guarantee equality of treatment to everybody[14] and the unity of the legal system on the whole national territory[15]. The most significant rights and powers are attributed to the parties in a case (a public prosecutor on one side and a defence lawyer on the other). The President of the Republic is the head of state elected by Parliament in a joint session of its members and represents national unity. The following can bring proceedings before the Constitutional Court: A judicial authority, in the course of proceedings. There are many similar avenues and techniques for identifying the facts and evidence when applying them to both legal systems. This obviously does not mean that the Italian system is infallible, and aspects of the cases progress have certainly raised eyebrows: Amanda Knoxs statements are certainly difficult to accept as evidence, the media put a lot of pressure on prosecutors, and the police clearly acted to protect their credibility. Significant developments affecting this resource will be described below. Italian criminal trials: Lost in transition? The Q&A gives a high-level overview of the key legal concepts including the constitution, system of governance and the general legislative process; the main sources of law; the court structure and hierarchy; the judiciary and its appointment; the general rules of civil and criminal litigation, including reporting restrictions, evidentiary requirements, the roles of the judge and counsel, burdens of proof and penalties. N:0b kb}z|4v_7?AJD It provides the legal basis for the administration of public authorities. The result is, thus, a set of decisions that can be cited as Precedents, and defined as rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases. Transmission of the text to the other House for approval in the same form or with amendments. All rights reserved. London Street Tramways Co. Ldt v. London County Council, 1898 I will support MacKinnon's ideas on gender equality, briefly summarize Crenshaw's discussion of intersectionality, and provide an analysis of the court's approach to gender in at least three cases. The court of assizes (. This should also help clarify some of the questions posed by non-academic writers and journalists during the Kercher case: prosecutors were not abusing their power, they were in fact asserting their legally defined central role in the justice system. Codice Civile, (Regio Decreto 16 marzo 1942, n. 262) Composed of 139 Articles. [15] Art. What differs between civil law systems, is that individual case decisions do not have a binding effect but are only used for advisory purposes (Baum, 2013). They are entitled to introduce evidence, submit documents, and question witnesses both for and against their client. There are two main exceptions to the normal legislative procedure: In general, the judiciary has no power to control legislative and executive actions. The role of the courts here is limited to just spot the right rule and apply it to the instant dispute, interpreting it if necessary. Ogg, J. T. (2012). A law degree and a lawyer's licence are essential to be appointed directly as an honorary judge in a lower court (. 28 ottobre 1940) -Constitutional Reform Act, 2005 Some cases are decided solely by judges because the case may be one where there is no right to a jury trial or because the parties waived their right to a jury trial. The decision for the prior case will remain, but from that moment on it is replaced by the fresh issued precedent. However, in the University of Torino, a 2:1 (3.5-4.49 on a 5 point scale), translates to 70% - 89% on the 100th and 77-98 on the 110th. However, case law often influences a judge's decision on a disputed matter. [17] As a matter of fact, the Parliamentary law making process is extremely slow, while the judge-made law is able to be more responsive to the changing of society circumstances (Griffith and Tengnah, 2010). Regio Decreto n. 12 del 1941. However, not all cases are tried through a jury trial. Civil hearings are not generally open to the public and the case file is confidential. Worked as an honorary judge for at least six years without revocation. Pasticcio giudiziario a Milano, i legali di Palazzo Marino perdono in tribunale contro il Comune - IL GIORNO, Elenco delegati aste giudiziarie, partono i corsi per l'iscrizione - NT+ Diritto, Falsi avvocati o vigilantes, le truffe pi diffuse in Toscana - Toscana Media News, Per il terzo anno consecutivo Paolini fra gli Studi Legali dellAnno secondo il Sole24Ore, Studio Paolini nuovamente selezionato fra gli Studi Legali dellAnno secondo il Sole 24 Ore, Voucher 3i per Startup Innovative Cosa finanzia e come richiederlo, Studio Paolini fra gli Studi Legali dellAnno secondo il Sole 24 Ore, Il marchio online e limportanza del domain name. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. There are rare exceptions: for example, a final discussion of the case is always open to the public. The most relevant sources of international law are: Ordinary judges and honorary judges, who form the judiciary, administer judicial power. There are limited exceptions, for example cases involving: Underage defendants: these are not open to the public and the names of the defendants are not made public. EU legislation (EU directives and regulations) (see. A further decision on the legitimacy of a case is allowed on appeal to the Court of Cassation which only considers the legality of the proceedings that the lower courts conducted. The courts of first instance and appeal are located in various districts of Italy. [3] Even though it should be more accurate to describe it as an uncodified Constitution rather than an unwritten one, seen that these principles might be considered as stemming from several important documents of English history such as the Magna Charta and the Bill of Rights. The Italian judicial system consists of a series of courts and a body of judges who are civil servants. The burden of proof falls on the public prosecutor. Griffith, R. and Tengnah, C., Law and Professional Issues in Nursing, London: Learning Matters, (2010) . Another well-known specialist court is the High Court of Public Waters, which has jurisdiction over disputes relating to public water issues. Common Law Legal Definition. According to case law, for the standard of proof to be met, the court must find that it is reasonably likely that the alleged facts happened or that it is more likely than not compared to other facts alleged during the trial. Parkinson v St. James and Seacroft University Hospital NHS Trust [2001], All ER Rees v Darlington Memorial Hospital NHS Trust [2002], House of Lords However, since Italy is a member of the European Union, which makes the European Union legislation the next source of law (Lawyersitaly, 2020). (g7J$&r^3*;v|d) *A,l ii @!P2Yx KD-KGHBFcFLY+3C04#DQ5"a j8 *2I1H8l 0;.2j 1AS Xxy&s7?4q2~^fasT$fdyKD`^DP @1,`S/47CY'%@ &d`G In these cases, the judges role is still much more passive than it would be under the inquisitorial system. ;vfm4u s(Jm ` *X^=sV9TSFoMcYBW+ [G{H{#R/AAG#&/$(jiwzjjDr7}BGT*rDC0?~`n;NUj\~wSSt| ghofQ-~b8 -M0y:j_c+135FiYzXP+8XLABEJdDfgrK3,}qsL$>ZEQF\,^}$J3"D*zCde~I'KorztmZ!C=rlG(EFYsoY%z5'pKp_/"e7@ y R SAB C3 If a party believes that law is unconstitutional or breaches any part of the Constitution, the party can file a motion before Corte Costitutzionale through the judge of the pending proceeding where the issue is raised (Grossi, 2010). Jointly by fine and imprisonment of up to four years. Italian law establishes independent administrative authorities to deal with specific legal areas. 231/2001, as well as with the organisation and management models provided by the same law. Moreover, when the facts are exactly the same and there is no possibility for distinguishing, an higher court can overrule the principle established in an earlier decision by a lower court or another court on the same level, even itself, because appears to be clearly wrong (when appears to do so is the wording of the Supreme Court in the Practice Statement of 1966) or so outdated that is no longer applicable for modern times. The United . Knox verdict: how the Italian legal system works - Channel 4 News National security secrets: these can be closed or partially closed. Investigations are confidential and therefore any pre-trial inquiries are protected. The judge plays a more passive role. National Research Council (IRSIG-CNR), Bologna, Italy; Mr. Francesco Contini, Researcher, the Research Institute on Judicial Systems, National Research Council (IRSIG-CNR), Bologna, Italy; Justice Riaga Samuel Omolo, Judge at the Court of Appeal, Kenya; Justice Dory Reiling, Vice-president, Amsterdam District Court, The Netherlands; Prof. The Italian justice system has again emerged as one of the worst performers in the European Union, with the European Commission's 2015 scoreboard revealing that in Italy it takes civil and commercial cases an average of 600 days to get to court. Wason v Walter (1868), All ER, Legislation: There is one Corte Costitutzionale which deals with making sure that any law provision complies with the Constitution and is met accordingly, similar to the Supreme Court of the United States (Grossi, 2010). In particular, commentators have focused on the central role of the cases prosecutor something poorly understood outside Italys distinctive legal culture. One aspect of the Knox-Sollecito case that most coverage omits to mention is that it is has now been analysed by three prosecutors (at least), a preliminary investigation judge, a preliminary hearing judge, a first instance court, two courts of appeal, the Italian Supreme Court and a significant number of skilled police officers. The right of asylum to people who are denied the effective exercise of their democratic freedoms in their own country. In particular, proposed amendments to the Constitution and other types of constitutional laws (see. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. The role of the precedent in the English and Italian judicial system: Between Stare Decisis and Constant Jurisprudence, SUMMARY: 1. In particular, the parties can ask the court to: Appoint an expert to examine the state of a particular site/area. The selection of judges, therefore, makes the judiciary an independent body where judges are chosen by their merit through an exam.
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