PART I – SOURCES OF LAW
The aim of this course is, firstly, to provide students with the basic tools for understanding the sources of law. Then, it aims to transmit the necessary knowledge to solve problems related to the application of the sources of law in actual cases.
PART II – THE JUDICIAL POWER
The course aims to provide students with the basic theoretical tools for understanding the structure and dynamics of the judicial power. Then, to transmit the necessary knowledge to the analysis and interpretation of the rules contained in Title IV of Part II of the Constitution. Finally, to give students the opportunity to learn from case studies by attending conferences regarding judicial institutions.
The following subjects will be covered during the course:
1) Sources of Law
- General sources: introductory notions
- Internal sources:
a) the Constitution and its sources
b) State sources (focusing on government acts with the force of law: decree law and legislative decree).
c) autonomous sources (regional sources in particular)
- international and foreign sources
- European sources
2) The Judiciary
- introductory notions: jurisdictions and judges
- Ordinary courts: organization and functions
- Special courts: typology and functions
- The judicial system
- Guarantees of independence and autonomy, and the concept of impartiality
- The C.S.M. (The Superior Council of the Judiciary)
- The judiciary and other state powers
|Giampietro Ferri||La magistratura in italia. Raccolta di scritti (Edizione 2)||Giappichelli||2021||978-88-921-3834-6|
The final exam is to assess the learning outcomes indicated above.
The final exam will consist of two parts. In the first, students must respond in writing to open questions on applied law source problems. In the second, the student will be examined through oral questioning on the judiciary, demonstrating their capacity to interpret and critically reflect upon various aspects of the Italian judicial system.
Students attending the course may take an optional midterm exam on part I of the course (sources of law). This midterm exam will consist of open questions about topics covered during the course. Students who have passed the midterm exam must then take the final oral exam on a fixed exam date. The oral exam focuses on part II of the course (the Judiciary).
ERASMUS students should discuss exam options with the professor.
The final grade is out of 30 possible points, and will be established by weighing 55% of the written test and 45% of the oral exam scores. The written test will focus on all the topics of the program on the sources of law (from 1 to 3: internal sources, international sources, European sources). The maximum score, 30/30 points, will be divided as follows between the three topics of the program: 1) 18 points; 2) 6 points; 3) 6 points.
For attending students who have taken the midterm exam, the final grade will be determined by the result of the midterm on the sources of law (55%) and the result of the final oral exam on the judiciary (45%).