Public law 20-Judiciary Flashcards
define the judiciary
judiciary is a legal order regulating the abilities to perform functions related to the judiciary power and the legal status of members( judges) under the principal of legality.
(The judiciary is the system that governs how judges and prosecutors work and ensures their powers and responsibilities follow the law.)
the judiciary’s order is
under the constitution and is independent from the other fundamental powers. This independence is protected by the constitution and is part of the separation of powers, meaning each branch of government has its own role and cannot control the others.
how does the judiciary in italy operate
the judiciary in italy mainly operates through ordinary magistrates which is when judges and prosecutors work within a unified legal system. the constitution prohibits creating special or ad hoc courts
1- unified judiciary system(ordinary courts)
there is one main judiciary system ensuring fairness and consistency in the application of laws
-different types of laws exist to handle specific issues, such as civil courts for private disputes.
2- specialized sections
specialized sections can be created within ordinary courts to deal with specific legal matters, such as labor disputes or family law.
- Exceptions Allowed by the Constitution
Certain courts outside the ordinary judiciary are permitted by the constitution, such as:
1-Council of State: Handles administrative disputes.
2-Court of Auditors (Court of Accounts): Deals with public finance and government accountability.
3-Military Courts: Handles cases involving military personnel.
Judges are subject only to the law
Judges are distinguished only by their different functions.
Judges may not be removed from office; they may not be dismissed or
suspended from office or assigned to other courts or functions unless by a
decision of the High Council of the Judiciary, taken either for the reasons and
with the guarantees of defense established by the provisions concerning the
organization of Judiciary or with the consent of the judges themselves
The High Council of the Judiciary, in accordance with the regulations of the
Judiciary, has jurisdiction for employment, assignments and transfers, promotions
and disciplinary measures.
Judicial System: Fair Trial Principle
Constitutional Principles (Art. 111)
1-Impartiality: Judges must maintain a neutral status, ensuring that they do not favor one party over another.
2-Adversarial Principle: There must be an equal confrontation between parties, allowing each side to present its case fully and fairly.
3-Reasonable Duration: Trials must occur within a reasonable time frame to prevent undue delays.
the fair trial principle must maintain a due process in legal proceedings
right to defense
Key Rights in Criminal Proceedings
Right to a Fair Hearing: Every individual is entitled to a public hearing within a reasonable time by an independent and impartial tribunal.
Presumption of Innocence: Individuals charged with a criminal offense are presumed innocent until proven guilty.
Minimum Rights for the Accused:
Right to be informed of the nature and cause of the accusation.
Right to have adequate time and facilities for the preparation of defense.
Right to defend oneself through legal assistance of one’s choice.
Right to examine witnesses against them and to summon witnesses for their defense.
Right to assistance of an interpreter if needed.
Implementation of Jurisdiction
-Jurisdiction is executed through due process regulated by law, ensuring that all parties are treated equally before an impartial judge.
-All judicial decisions must include a statement of reasons, providing transparency and accountability.
Appeals Process
-Appeals to the Court of Cassation are allowed in cases of legal violations, ensuring that all individuals have the opportunity to contest decisions made by lower courts.
-However, appeals against decisions made by the Council of State and the Court of Auditors are limited to jurisdictional issues.
