italian justice system compared to uk

The judges in Italy of first instance courts are appointed by public examination which requires a law degree. There is no jury in Italian civil proceedings. 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). This is five days faster than the EU average. London Street Tramways Co. Ldt v. London County Council, 1898 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. Once the applicants have earned a law degree, they can take the exam to become judges without having to have practiced as a lawyer (Grossi, 2010). [2] The common law is judicially created law that is developed on a case by case basis, wrote Chief Justice Hannah of the Supreme Court of Arkansas in Mason v State. The most relevant are: The Italian Authority on Communications (, The Italian Securities and Exchange Commission (, The Italian Regulatory Authority for Electricity Gas and Water (. Carlson Laura, American Business Law For Civil Law Lawyers Black and Latinx Americans make up 39% of the US population, but represent 59% of those in US prisons. 384 Codice di Procedura Civile, (Regio Decreto 28 ottobre 1940, n. 1443 in G.U. Italian law establishes independent administrative authorities to deal with specific legal areas. Justice. The court can request a more in-depth examination by the parties on a specific issue or suggest a new investigation. In fact, these decisions will have precedential authority on future cases with similar features, binding judges who are to make future decision just as any other law does: decisions become law itself. Articles: This is important in noting that the judge will often know the evidence before the defense and by the time the trial is in place, the judge will have already concluded whether the defendant is guilty or innocent (Ogg, 2012). 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. Sexual abuse: these can be closed or partially closed. (N.d.). Ogg, J. T. (2012). Consequently, the influence of the Parliament on the development of law has increased immeasurably in recent years, with a legislative hyperactivity that brought to a process of statutorification of the common law principles developed throughout the years into detailed statutes of general application, while the influence of judges has correspondingly decreased, limited to administrate the justice at most interpreting the statutes if they let so and leaving the law- making task to the legislative body, more in accordance with the principle of separation of powers and of supremacy of the Parliament. In Italy, judges are public officials and, since they exercise one of the sovereign powers of the State, only Italian citizens are eligible for judgeship. 231/2001, as well as with the organisation and management models provided by the same law. The following exceptions apply to the usual appointment procedure: The President of the Republic, the Parliament in joint session, and the highest-instance ordinary and administrative courts, appoint the judges of the Constitutional Court. . 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. And that is the reason why we will not find any reference to the jurisprudence among the Italian legislative sources[11], but only to the statutes. For example, the enterprises courts were instituted by law decree in 2012 within every court (. italian justice system compared to uk Found inside - Page 29here was once an Italian computer manufacturer whose British subsidiary sold an expensive system to a large solicitors' . Do you have a 2:1 degree or higher? Organisations and bodies empowered by a constitutional law (for example, the National Council for Economics and Labour (CNEL)). First published on Thu 24 Jan 2019 00.00 EST The European court of human rights has ordered Italy to pay Amanda Knox 18,400 for police failures to provide her access to a lawyer and a translator. r` This is a difficult decision to interpret, but the criteria to make an appeal on points of law and the limits to the courts jurisdiction are flexible. This does not mean that in Italy investigations are routinely conducted and structured like in England, because the police consider prosecutors as their superiors during the investigation. It can also obtain additional evidence. The context around the case is obviously very complicated, but from a legal point of view it is simply wrong to say (as some have) that it was artificially pushed along by an obsessive, tyrannical prosecutor. 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 role of the precedent in the English and Italian judicial system. Specifically, the Constitution recognises, grants and protects: The dignity of the person as an individual and in social groups. C 6/64 Costa v Enel, ECLI:EU:C:1964:66 The defendant (accused person) who, through their counsel, presents the defence version of the facts and evidence. hbbd``b`{AcH0l n $XA,/l4HqHIH,HQ@bv&Fk@#nU + Therefore, the theoretical distinction between Stare Decisis and Constant Jurisprudence collapses in practice, giving as result two systems that, from opposite starting points, slowly converge each one taking advantage of some positive characteristics of the other realizing two contaminated systems that are better aware of the needs, the wants and the usages of the dynamic and globalized modern society. [11] Art 1 disp. This is a scenario that in Italy cannot be allowed, since the Courts have the specific duty to speak for the law as it is stated in the codes. They rarely do so because the Cassazione is the court of last instance and thus parties can appeal any kind of decision even slightly divergent from what is the interpretation of the law made by the Court itself with its precedents. 4I^!Ai-u\xC`@;fN+kXi/Aqe [(K`]7BExDlkp9ERMe;tm'[N- wILUaT1Jc'L;> H+:$\ )HMl=U0(%p$2YqBr mbEx2f$>xl!I(4 Of\Po:}N Tj$0WfEeN F 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. Consequently, a lower court may not rule against the higher, even if it feels that the precedent is unjust; it may only express the hope that a higher court will reform the rule in question, issuing an only-persuasive dissenting opinion which might encourage the claimant to appeal the forced decision, in order to let the higher court overturn it, setting a new precedent of higher authority. This is because higher courts review the decisions of lower courts. However, in specific cases and only if necessary to reach a decision, the judge can introduce further evidence at the trial. the rights to travel, assemble, profess a faith, and express personal thoughts. They can also help to improve them. No specific reporting restrictions typically apply at any stage preceding or during a civil trial. [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. Lawyersitaly. The President of the Republic is the head of state elected by Parliament in a joint session of its members and represents national unity. Across a sample of 13 Italian cities, starting a business can take about a week on average. This differs from the United States where the second-highest form of law are the statutes which are laws enacted by legislatures and then the third would be executive orders (Baum, 2013). In the United States we grant a trial by a jury of one's peers for felony defendants if they request it. The Italian system instead, following the Roman tradition and the French Codification experience, is entirely based upon the written legislative source. 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]. Under stare decisis, a single case that has been decided upon is binding law to the same extent as a statute or regulation in common law systems. In Italy, the court of last resort is the Corte di Cassazione which resides in Rome (Grossi, 2010). hVmo9+KS2$$fI;w1E74pyc8#(A~/8xD$eF HCWVTn:7NeqBw?|c s%iJBF81O040VFyrr2jN~}\C\T M yPZNNW59y>5-t3(Caf&;;:%zjut$azsA39\%|+c5'Fp'( See Young v. Bristol Airplane co., 1944. The differences between them are of course several and significant, so that one might think that they should be referred as the antipodes of the legal system conception, with no chance of commixture from one to the other. According to reliable statistics, about the 70% of the world finds itself under a legal system identified in Civil Law or Common Law (around 44% of the States are under Civil law, around 27% are under Common law), so anyone who wants to truly dive into the study of matter must almost inevitably deal with at least one of those systems. The following can bring proceedings before the Constitutional Court: A judicial authority, in the course of proceedings. The court, if summoned, cannot declare its incompetency. The examining committee is appointed by the Superior Council of the Judiciary. In addition, the Constitution recognises and protects: Basic and fundamental civil rights, for example: freedom and privacy of correspondence; and. The Constitutional Court rules on issues concerning the Italian constitution and the legitimacy of laws (see. The criminal court system has Worked as a regular university law professor. In these cases, the publication is ordered by the court with the decision itself. Abstract In the United States the prosecutor bridges the gap between the police and the courts by exercising independent judgment concerning the need to . The Constitution is: In written form. England - 3. Large numbers of rapes go unreported. National security secrets: these can be closed or partially closed. Conviction, if the accused is proven to be guilty of the alleged offence beyond any reasonable doubt. The United States laws were derived from the common law system of English which was in place at the time of the Revolutionary war at both the federal and state levels. (n.d.). Significant developments affecting this resource will be described below. Practice Statement, 1966 You should not treat any information in this essay as being authoritative. In the light of Fridays guilty verdict in the case of Amanda Knox and Raffaele Sollecito, the Italian criminal justice system is once again under the magnifying glass. This may be due to the fact that both legal systems are not solely adversarial or inquisitorial in nature. These are certainly important problems but they cannot be addressed without a clear understanding of how the Italian criminal justice system is set up to function. Another well-known specialist court is the High Court of Public Waters, which has jurisdiction over disputes relating to public water issues. In this case, the Supreme Court decided that the March 2013 acquittal was illogical because the judges had not fully considered all the evidence. JgJ*cH4w^P. Blacks Law Dictionary (5th ed. The main role of the judiciary in both civil and criminal trials is to: Govern the hearings and the proceedings, order the parties to file further written statements and set hearings. Wickham, C. J., & Clark, M. (N.d.). A decision not conforming to case law would therefore reasonably be subject to review. Unlike the United States appointment process, the Italian executive branch does not have any part in selecting judges (Grossi, 2010). There are obviously some questions about how this particular investigation was conducted, but they must be separated from any analysis or evaluation of the Italian system. 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. The criminal court structure is similar to the civil system, as follows. Civil hearings are not generally open to the public and the case file is confidential.

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