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. Ogg, J. T. (2012). 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]. However, the law provides for special cases in which the judge has. The Italian legal system is based on continental civil law. Despite this, traditionally case law has always played a large role in law-making. England 3. Likewise the Appeal Court can exceptionally overcome its pronounces. If the case is serious, in particular, they are effectively in charge of the investigation. They have jurisdiction over the disputes in accordance with territorial jurisdiction rules. The most relevant are: The Italian Authority on Communications (, The Italian Securities and Exchange Commission (, The Italian Regulatory Authority for Electricity Gas and Water (. Hence, it follows that, according to the Stare decisis[4] principle, which governs the English system, whenever a judge comes to adjudicate cases with similar features, s/he must follow the precedent stated in the prior decisions, so that similar facts yield to similar results in order to guarantee an equal treatment for all. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. Wason v Walter (1868), All ER, Legislation: 2023Thomson Reuters. The most relevant sources of international law are: Ordinary judges and honorary judges, who form the judiciary, administer judicial power. There is an actual real risk the suspect will flight or danger that the suspect/ accused will commit a serious crime. Abstract In the United States the prosecutor bridges the gap between the police and the courts by exercising independent judgment concerning the need to . Civil Law in Italy. The result of this although partial analysis, is the evidence of how the distinctions between the two systems have blurred, as a consequence of a trend of change registered from both sides, the one taking inspiration from the other, towards a common point of coincidence, a commixture more fitting the modern globalization reality. 1 Italian Constitution). No referendum is required to amend laws approved on the second round of voting by a two-thirds majority of the members of each parliamentary house (super majority). The government, which is the institutional body vested with executive powers, is supervised by Parliament. Thus, with its pronounces, the Court establishes what must be the current interpretation of a certain statute, and lower courts will follow it: they will decide the case at the stake applying the law as interpreted by the Cassazione, giving birth to a series of decisions consistent with the precedent of the Supreme Court. According to the principle of the burden of proof (see. 2005, Court of Arkansas EU legislation (EU directives and regulations) (see. Retrieved from https://courses.lumenlearning.com/boundless-politicalscience/chapter/origins-of-american-law/. The Italian parliament on Thursday approved reform of the criminal justice system, and has also given the initial green light for changes to the civil side. Published: 9th Jun 2021. 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. duhaime.org Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. It is fully consistent with the inductive method of reasoning typical of common law systems: proceeding from the specific case to develop a rule of general application. All rights reserved. This is why Knox and Sollecito went through a much more complex and lengthy judicial procedure than Guede. Ethical and social relations, for example, the rights to: Political rights, for example, the right to vote and to be elected. Articles 24, 25, 101 to 104 and 111 of the Constitution, in particular, ensure the autonomy and independence of the judiciary. In criminal trials, legal counsel represent, assist, and defend their clients. Disclaimer: This essay has been written by a law student and not by our expert law writers. Retrieved from https://www.britannica.com/place/Italy/Justice. Slow-moving, hugely bloated and sometimes alarmingly politicised, Italy's justice system needs fixing. Precautionary measures apply to those cases in which: There is a real and actual danger that the gathering or the authenticity of evidence could be compromised. Make declarations of war agreed by Parliament. 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. Italian criminal law is primarily an adversarial system (as opposed to the inquisitorial system). 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. The people, through a proposal made by at least 50,000 voters (Article 71, Constitution). 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. On the other hand, in England lower courts are bound to the Supreme Court precedent and cannot overturn it even if they disagree; they have to apply it, with the only chance to express their disagreement in a dissenting opinion which will invite the party to appeal the decision and which will hopefully persuade the Supreme Court to overrule their judgement. Its core principles are codified into a referable system which considers these codes as the primary source of law. 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. In particular, proposed amendments to the Constitution and other types of constitutional laws (see. 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. 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. View examples of our professional work here. 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. [8] The judge can distinguish between two similar cases due to some particular details that are decisive to a distinction, nut can also individuate a completely new and never adjudicated situation: this eventuality is called matter of first impression. Boundless Political Science. Under the Constitution, recruitment to the judiciary takes place through a public competitive exam published by the Minister of Justice (Article 106). italian justice system compared to uk - opportunityzonehub.org In addiction, judicial decisions are not binding on the legislature, which so can pass new laws to overrule unpopular court decisions. The judicial system is unified, with every court being part of the national network. Italian law establishes independent administrative authorities to deal with specific legal areas. The role of the precedent in the English and Italian judicial system. The Italian legislature focuses on regulating the relevance and efficiency of evidence presented by the parties to the court rather than on imposing exclusionary rules of evidence before the court. In addition, the Italian constitution provides for the legality principle, which means that every case must be prosecuted: there is no judicial discretion. 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