italian justice system compared to uk

American judges are lawyers who have been appointed to the bench and many of them still consider themselves to be lawyers unlike the judges in Italy. The criminal court system has Italian criminal law is primarily an adversarial system (as opposed to the inquisitorial system). Indeed, the Stare Decisis principle is not followed in Italy because it violates the principle that only the Parliament should make law[12]; therefore, as aforementioned, Italian judgements only have effect between the parties and lower courts are not bound to precedents established by higher courts. 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. Another 46 million euros was paid out to . As aforementioned, Common and Civil law may be referred as the antipodes of the legal system conception. So, in Italy judges just look at the law and decide the case at stake without being bound by previous decisions, which therefore are only persuasive (in particular the decisions of the Supreme Court of Cassazione). 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). It provides the legal basis for the administration of public authorities. A person who wants to obtain protection from a judge must prove the basis of their reasons. Se continui ad utilizzare questo sito noi assumiamo che tu ne sia felice. In these cases, the judges role is still much more passive than it would be under the inquisitorial system. hb```, edd```d`1#[sM{& More judges, faster trials: Italy approves major overhaul of criminal In common law jurisdictions, almost every case that brings a bona fide disagreement on the law is dealt with in a written opinion. The Constituent Assembly, specifically appointed for the task, enacted the Constitution in 1947. Across a sample of 13 Italian cities, starting a business can take about a week on average. Codice di Procedura Civile, (Regio Decreto 28 ottobre 1940, n. 1443 in G.U. From the beginning of civilization and organized society negotiations have occurred to solve disputes. [9] Civil code, Penal Code, Administrative code etc. In addition to the above, the constitution recognises and guarantees the protection of human rights by directly applying international conventions and treaties (for example, the European Convention of Human Rights and the EU Charter of Fundamental Rights). In particular, proposed amendments to the Constitution and other types of constitutional laws (see. All the other incidental statements about the law which do not constitute part of the courts ruling on the case at stake, are obiter dicta, so not binding rules but only persuasive justification of the judges legal reasoning[7]. You should not treat any information in this essay as being authoritative. And even if the direction of the investigation is bureaucratic and reactive, prosecutors are still in a position to take very important decisions. Although this is a very short summary, it should help clarify why during the investigation the prosecutor becomes the key figure, and why prosecutors have so much influence over political decisions about responses to crime in Italy. The decision for the prior case will remain, but from that moment on it is replaced by the fresh issued precedent. The examining committee is appointed by the Superior Council of the Judiciary. The following can bring proceedings before the Constitutional Court: A judicial authority, in the course of proceedings. 1368 0 obj <>/Filter/FlateDecode/ID[<2BC44B71D5E8BD4AA52CEAD376FA45ED>]/Index[1351 26]/Info 1350 0 R/Length 87/Prev 901430/Root 1352 0 R/Size 1377/Type/XRef/W[1 2 1]>>stream Lecturer in Law, City, University of London. The Italian authorities have taken a number of measures to address the inefficiencies and bottlenecks in the functioning of their justice system. The Constitution adopts a model of equal bicameralism. A panel of three judges hears more serious cases. (2020). In this case, the Supreme Court decided that the March 2013 acquittal was illogical because the judges had not fully considered all the evidence. In most cases, criminal trials are open to the public. In these cases, the publication is ordered by the court with the decision itself. 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. 1351 0 obj <> endobj Occupied certain managerial roles in the public administration. Therefore, although Supreme Courts precedents are not binding, Italian lower Courts will follow them either way because they are strongly persuasive in their legal reasoning and because they know in advance that different decisions will be quashed if they are not supported by reasonings convincing enough to change Courts mind. The Constitution states that the legislative function must be exercised jointly by the two Houses of Parliament (. These judges are appointed for life and can only be removed through impeachment and a new judge is appointed when there is a vacancy through impeachment, a judge dies, or a judge resigns (Baum, 2013). Chairman of the supervisory boards of national and international companies, including listed companies and public law agencies. In a critical report last year, the Council of Europe's top official for human rights,. The Italian civil judicial system is neither purely adversarial nor purely inquisitorial. They will obviously be strongly persuasive, but the new case will be decided only referring to the law, and nothing prevents judges to reach a different solution. Figures expressed per million people for the same year. However, the United States law has now diverged from its English ancestor in both substance and procedure (Boundless, N.d). Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Justice system > Punishment > Capital punishment (last execution year) : Year of last use. 101 of Italian Constitution explicitly says that judges are subject to the law, therefore they cannot be allowed to create what they are suppose to be bound by. This means that Parliament, which is the legislative body of the state, has two Houses which are the: The Houses are independent from one another, but possess the same rights and powers. Therefore this constant jurisprudence will define what is called the living Precedents so are all those decisions that are binding for future judges called to adjudicate similar cases, and that therefore become law themselves: the case-law. Specifically, the Constitution recognises, grants and protects: The dignity of the person as an individual and in social groups. 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.). There are actually two kinds of binding precedent: Vertical, which binds all the courts from the highest to the lowest (i.e. The general provisions of the Italian Civil Code set out the hierarchy of domestic sources of law in the following order: Constitutional law and laws of constitutional reform. When the Supreme Court of Cassation decides that a certain court has jurisdiction over a disputed matter. by Lucas Taylor Posted on . Mason v State. Facts and evidence are gathered by both the defense and prosecutor and judged by a jury which is a group of regular citizens that are instructed by the judge to make a judgment based on the laws, evidence, and facts that the judge will then make a verdict. Italian law establishes independent administrative authorities to deal with specific legal areas. The judiciary, which is independent, exercises judicial powers. The criminal court structure is similar to the civil system, as follows. However, it must always be stressed that the theoretical difference between Stare Decisis and Constant Jurisprudence, although in practice may lead to same results, remains significant: regarding cases with similar features,39 English lower Courts cant do anything but applying the binding precedent given by the Supreme Court, while Italian Courts can deliberately avoid it and decide the case for themselves. EU justice scoreboard finds severe problems in Italy - POLITICO They have jurisdiction over the disputes in accordance with territorial jurisdiction rules. The Constitution states it is the duty of the Republic to remove any obstacles that may limit the equality or freedom of citizens or their effective participation in the political, economic, and social organisation of Italy (Article 3). [5] The English Courts Hierarchy: Supreme Court Court of Appeal High Court and Crown Court subordinated courts such as Magistrates and County Courts. 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). 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. Black people were over 3 times as likely to be arrested as White people - there were 32 arrests for every 1,000 Black people, and 10 arrests for every 1,000 White people. [16] Art. It will only apply if the facts of the current case are consistent with those of the decision from which is extracted the precedent. Blacks Law Dictionary (5th ed. They, therefore, have an objective ambit of efficacy, their ruling being applicable to every dispute having the same object, but different subjects. However, the law provides for special cases in which the judge has. italian justice system compared to uk - opportunityzonehub.org Explainer: how does the Italian criminal justice system work? The Court of Justice of the European Union (CJEU) consists of: The European Court of Justice, which can be summoned by national courts to consider annulments and appeals or to obtain preliminary rulings regarding the interpretation of EU law. The Common law/Civil law dualism has always been pivotal for any scholar approaching the study of Comparative law. 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.

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