The system of guarantees Flashcards

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1
Q

GUARANTEES

A

Instruments to protect our rights and the system of liberal democracy

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2
Q

How can be the system of the judiciary organized?

A
  • Unique judiciary: only one judiciary system, internally subdivided into different divisions and organized in courts;
    each level of “higher/lower” courts may be divided in different “divisions”: civil, criminal, labor, …
  • Multiple judiciary: constituted by two or more systems of judiciary in parallel
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3
Q

What are the systems of judiciary in which the system of multiple judiciary is subdivided?

A
  • Ordinary judiciary: main judiciary system; hear civil and criminal cases; is organized in “higher/lower” courts and, eventually, in selected “divisions”; it may involve “juries” composed of common people
  • Special juiciary: differs from the ordinary judiciary in the selection of judges and courts panels, composed also by experts non-trained in law;
    they can heare specific cases on the basis of: personnel | lawsuit | public/private position of the litigants
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4
Q

How can be the judges selected?

A
  • Appointed judges (by other state’s bodies/by special audit panels)
  • Elected judges (by the people)
  • Selected judges (by public concourse)
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5
Q

What are the requisites to be selected?

A
  • none
  • barristers
  • judges
  • lawyers
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6
Q

What are the types of criminal justice?

A
  • Public prosecutor (belonging to the judiciary/executive branch)
  • Criminal judges: sitting judge (adversarial model) / investigating judge (inquisitional model)
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7
Q

How can the independence of the judges be guaranteed?

A
  • By specific superior councils
  • By specific guarantees
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8
Q

CONSTITUTIONAL JUSTICE

A

It protects the constitution in a non-political way, controlling over the acts of the congress or of the parliament in order to protect the supremacy of the constitution

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9
Q

How can the body of constitutional justice be?

A
  • Political (members not trained in law)
  • Judicial (members are judges or experts)
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10
Q

How can a political body of constitutional justice be?

A
  • Monocratic: composed of just one member external to the legislative branch (Head of State, super partis), that verifies the constitutionality of the acts
  • Collegial: internal to the legislative branch (Parliamentary commission) or external (Constitutional Council)
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11
Q

How can the judicial body of constitutional justice be divided?

A
  • Ordinary courts of the judiciary branch (with a centralized or decentralized control of a compliant, during a trial)
  • Specialized courts = Constitutional Court (only centralized and separated from the judiciary branch)
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12
Q

The Lodging: how can it be made?

A
  • Type: Petition/Question
  • Time: Preventative/Repressive
  • Access: Incidental/Direct
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13
Q

LODGING –> PETITION

A

= ricorso; to submit a doubt or a request even if it is not connected to a case; it may be constrained by a term.

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14
Q

LODGING –> QUESTION

A

A doubt is found during a pending case; it cannot be connected with a term.

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15
Q

LODGING –> TIME: PREVENTATIVE

A

= a priori; you may verify if an act is in compliance with the constitution only before the trial ends, before the act of the congress enters into force

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16
Q

LODGING –> TIME: REPRESSIVE

A

=a posteriori; you may verify constitutionality only after the act has been implemented

17
Q

LODGING –> ACCESS: INCIDENTAL

A

By all the judges/by the supreme courts only, during a pending trial

18
Q

LODGING –> ACCESS: DIRECT

A
  • By specific constitutional bodies (identified in the Constitution)
  • By national/local governments
  • By the people
19
Q

DECISIONS –> REGARDING THE PETITION/QUESTION

A
  • Procedural: admissibility/inadmissibility
  • Merit: acceptance/dismissal
20
Q

DECISIONS –> REGARDING THE EFFECTS

A
  • Acceptance –> Annulment (erga omnes): ex tunc/ex nunc
  • Dismissal (effects only inter partes)
  • Declaratory –> parliamentary privilege
21
Q

DECISIONS –> REGARDING THE MOTIVATION

A
  • Single motivation (per curiam)
  • Plural motivation (dissenting opinion/concurring opinion/opinion of the Court)