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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. Justice. At the end of the civil trial, the court can issue one of the following verdicts: That the claim cannot be granted for issues concerning the procedure or the merits of the claim (because the procedure set up by the claimant is not the correct one or the claimant has no legal standing). Despite this, traditionally case law has always played a large role in law-making. The Italian constitution and acts of parliament set out a system whereby criminal prosecutors are fully independent; in particular, they have external independence from all the other constitutional powers. A jury is present only in the court of assizes (. England 3. A public prosecutor who conducts the related investigations to assess the potential liability of the suspect. Free resources to assist you with your legal studies! All rights reserved. Costituzione della Repubblica Italiana, [Gazzetta Ufficiale 27 dicembre 1947, n. 298]. Before this occurrence, in fact, each part of England had different local rules, an unpleasant situation which rendered very complex the relations between traders due to the halo of uncertainty surrounding the law which was to be applied. Civil Law in Italy. Knox and Sollecito have therefore not been tried twice for the same crime, because in Italy, all these decisions are legally speaking part of the same continuous criminal process. the scoreboard cannot be seen as a definitive comparison of EU judicial systems. Retrieved from https://www.lawyersitaly.eu/civil-law-in-italy, Mondials. South Africa is estimated to have 500,000 rapes per year, Egypt 200,000, China 32,000 and the UK with 85,000 rapes per year. Reding speaks as if the UK has no police force or justice system, when in fact our traditions of habeas corpus should be held up as a beacon of fairness. Books: The court can request a more in-depth examination by the parties on a specific issue or suggest a new investigation. Defendant who raises any objections and defences to the claimant's claim, and can file counterclaims and evidence. 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. However, the constitution establishes the Constitutional Court, which examines and decides on the compatibility of laws with the Constitution (Article 134). A law degree and a lawyer's licence are essential to be appointed directly as an honorary judge in a lower court (. CISG Scope of Application Exclusions and Effects. Italian criminal procedure is a difficult concept to grasp for lawyers and citizens in other countries, who are used to adversarial systems. However, the difference between these two countries is less marked than it appears. The government, which is the institutional body vested with executive powers, is supervised by Parliament. Juvenile Justice in Italy | Oxford Handbook Topics in Criminology and N:0b kb}z|4v_7?AJD In the specific cases provided for by the law, request further investigations (expert examination of the facts, witness clarification requests and information from public bodies). The judgment must contain a description of de facto and de jure grounds on which the decision is based. 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.). State courts can hear almost any kind of case including federal issues as well as constitutional ones, but they are subject to the oversight of the United States (Baum, 2013). "It's one of the many failings of Italian justice that it never . Jointly by fine and imprisonment of up to four years. As Italy is an EU member state, the main sources of international law derive from the EU. The Italian law is based on Roman law in regards to civil law and the codes of the kingdom of Sardinia, one of Italys 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.). EU legislation (EU directives and regulations) (see. The method of bringing prosecutions under the U.S. criminal justice system is compared and contrasted with prosecutorial procedures in England; differences between the two are emphasized. 28 ottobre 1940) -Constitutional Reform Act, 2005 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. Applicants for the public competitive examination must have a law degree and one of the following: A PhD or other postgraduate degree from a law school. After this, the public prosecutor can, if necessary for investigative reasons, order that certain documents are kept confidential and/or not published. Judges are bound by the law, not by the previous decisions of higher courts. endstream endobj 1352 0 obj <>/Metadata 161 0 R/Outlines 266 0 R/PageLabels 1332 0 R/Pages 1336 0 R/StructTreeRoot 267 0 R/Type/Catalog/ViewerPreferences<>>> endobj 1353 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]/Properties<>>>>>/Rotate 0/StructParents 0/TrimBox[0.0 0.0 595.276 841.89]/Type/Page>> endobj 1354 0 obj <>stream The most relevant are: The Italian Authority on Communications (, The Italian Securities and Exchange Commission (, The Italian Regulatory Authority for Electricity Gas and Water (. That a new right has arisen between the parties to the proceedings as a consequence of the verdict. In this system, it is statutory law that assumes a secondary role, very often just reflecting the rules of law enunciated in judicial decisions (i.e., they are the statutory embodiment of rules developed through the judicial decision-making process). Civil law proceeds, with a deductive method of reasoning, from abstraction (codes[1] contain general principles which apply to every case that could possibly be brought before the court) to factually specific scenarios, in which judges apply the principles stemmed from the code to the concrete dispute. *You can also browse our support articles here >, Boundless. Across a sample of 13 Italian cities, starting a business can take about a week on average. Italian civil procedural law is governed by the dispositive principle (. In the United States, a defendant taking the stand must take an oath to tell the truth. This is a scenario that in Italy cannot be allowed, since the Courts have the specific duty to speak for the law as it is stated in the codes. The decision for the prior case will remain, but from that moment on it is replaced by the fresh issued precedent. Practice Statement, 1966 On the other hand, similar difficulties went arising in Continental Europe: around the 6th century, Roman law was the wide legal basis for everyone in the land, but due to its vastness it was impossible to reach uniformity of application; the law used to change depending on the people to whom it was to be applied, the phenomenon of personalit del diritto5 was wide spread. Conviction, if the accused is proven to be guilty of the alleged offence beyond any reasonable doubt. However, it must be stressed that not the whole decision is binding, but only the ratio decidendi, which is the abstract principle of law which has been applied to the facts at issue and which have led to the decision, becoming the legal rule deriving from it. The Constituent Assembly, specifically appointed for the task, enacted the Constitution in 1947. [15] Art. The Italian system instead, following the Roman tradition and the French Codification experience, is entirely based upon the written legislative source. No specific reporting restrictions typically apply at any stage preceding or during a civil trial. The judges are represented by the Consiglio Superiore della Magistratura which is a body chaired by the President of the Republic and includes the public prosecutor of Corte di Cassazione, and university law professors and attorneys with fifteen years of experience (Grossi, 2010). The judge plays a more passive role. Decisions declaring the alleged death of a person or that a person is missing are always subject to publication in the. Carlson Laura, American Business Law For Civil Law Lawyers 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). As the Constitutional Court has stated, this principle is intended to guarantee equality before the law within the penal process. The trial of Knox and Sollecito was standard, meaning no special rules were used; on the other hand, Rudy Guedes lawyers decided to use one of the special procedures that are aimed to speed up the criminal process, in this case a giudizio abbreviato or fast-track trial. att. Congress is heavily involved throughout the process of appointing federal judges such as the selection of candidates and confirmation of candidates. It provides the legal basis for the administration of public authorities. PDF Resource Guide on Strengthening Judicial Integrity and Capacity Legislative powers are vested in the Italian Parliament, in compliance with the Constitution, and under the constraints of EU legislation and international obligations. 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. The defendant (accused person) who, through their counsel, presents the defence version of the facts and evidence. The Supreme Court of Cassation and the Constitutional Court are both based in Rome. The jury's role is substantially different from that of juries in common law criminal systems, since in the Italian system the jurors make their decisions in collaboration with the professional judges. If they are fundamentally distinct, the judge will be entitled to hold that the precedent has no applicability in the instant case, according the distinguishing rule, and will issue a new decision which will become a new binding precedent[8]. Authorise the introduction of bills by the government. Parties usually refer to previous decisions of the lower courts and the Supreme Court of Cassation in interpreting the law, but they are not directly bound by them. Therefore, while codified law is the cornerstone of the system, judges are reduced to a subordinated role of applying the law already stated in the codes, just choosing time to time the rule that best fits the case at stake. italian justice system compared to uk - opportunityzonehub.org Retrieved from https://www.britannica.com/place/Italy/Justice. Comparison - Conclusions - Bibliography Contextual background for the comparison
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