20110793 - The Constitutional System of the Judiciary

The course is aimed at deepening - providing specialized preparation - that part of the state legal system concerning the set of constitutional principles and legislative disciplines on the judicial function.

Starting from a critical analysis of all the provisions of the Constitution dedicated to the judiciary, examined in light of the interpretation that has been consolidated over time, especially through constitutional jurisprudence, the course will address the structural, organizational, and functional aspects of the activity carried out by judges.

The central part will be dedicated, in particular, to the examination and analysis of the specific legislation on the judicial system, from its historical origins to its most recent and problematic developments.

The profiles concerning the configuration of the judicial function, which is debated between the unitary tendency impressed by the constituent and the problematic development of judicial pluralism, especially through those legislative interventions that have enhanced the "exclusive jurisdiction" of the administrative judge, will also be subject to punctual examination.

The objective is to provide law graduates with a broad and unitary vision of the problems concerning the judicial function in a complex system, especially from the perspective of constitutional law, but keeping in mind the close connections with other branches of law (and, in particular, with procedural law). The course, therefore, is of particular interest, especially for students who, after obtaining their degree, intend to pursue a career in the judiciary.
scheda docente | materiale didattico

Programma

The models of the judicial system - The historical events of the laws on the judiciary - Constitutional principles and current sources of the judiciary. - The Superior Council of the Judiciary. - The position of the Minister of Justice and its relations with the C.S.M - The organization of the ordinary judiciary and the career of judges. - The Public Prosecutor in the Constitution and legislation. - The civil and disciplinary liability of judges. - Unity and plurality of jurisdiction and the repercussions on organizational models. - The judge, conventional international law and European law. - The difficult relationship between jurisdiction and politics

Testi Adottati

Students attending the course

F. Dal Canto, Lezioni di ordinamento giudiziario, Torino, Giappichelli, 2024, excluding chapters: I, II, XI, XIV (par. da 9 a 19) e XV

Non-attending students

F. Dal Canto, Lezioni di ordinamento giudiziario, Torino, Giappichelli, 2024


Modalità Frequenza

Attendance is not mandatory but strongly recommended

Modalità Valutazione

The final oral exam is aimed at verifying the degree of understanding of the fundamental concepts dealt with within the course.