Law and public administration

The course focuses on judicial and procedural experience as an expression of jurisdictional activity and justice. Firstly, the course covers general principles and constitutional principles of jurisdictional protection and proceedings (civil, criminal and administrative) and then focuses on civil justice, civil jurisdiction (the one granting judicial protection of rights) and judicial proceedings before state civil courts. It mentions also the difference between public or state jurisdiction and private jurisdiction, which is the form of resolving disputes by arbitral proceedings. In this perspective, lectures cover general principles and basis of civil procedure law which are necessary for understanding the fundamental aspects both of relationship between law and justice and of judicial protection of rights. The course covers in particular the following topics: a) justice, jurisdiction, judicial process; law and justice; consensual justice and procedural justice; state jurisdiction and private jurisdiction; general principles of jurisdiction, also in the light of Italian Constitution and European and international guarantees; jurisdictional proceedings; b) different types of jurisdiction; ordinary and special jurisdiction; ordinary civil jurisdiction; c) different forms of civil judicial protection (declarative protection, enforcement protection, interim protection) and different form of cognizance before civil courts; d) claim and judicial defense; e) plurality of claims; f) procedural records and terms, telematic civil proceedings; g) nullity in civil proceedings; h) parties (capacity; representation; interest in bringing action and legitimacy to act, the defender); plurality of parties, joinder of parties, changes of parties (artt. 102-111 Italian code of civil procedure); i) judge, PM and other judicial bodies; l) civil jurisdiction and its limits towards special jurisdictions, public powers and foreign jurisdiction; m) competence of ordinary civil courts; n) facts and judgment; the principle of burden of proof; the outlines of the evidentiary phase and of evidences; o) judgment, law and equity; p) the outcome of civil process and res judicata (outlines); q) declarative protection and different models of cognition proceedings; first instance ordinary proceedings (structure, phases, outlines).

Also in lack of specific requirements provided for in the order of study, students should have acquired knowledge of the principles of the civil law and of constitutional law

- G. RUFFINI (a cura di), Diritto processuale civile, volume I, Il Mulino, Bologna 2023, chapters from 1 to 6; chapter 7, par. from 1 to 6 included and from 8 to 12 included; chapter 8, par. from 1 to 8 included; chapter 9, par. from 1 to 6 included; chapters from 10 to 12 included; chapters 14 and 15; chapter 16, par. from 1 to 8 included; chapter 18, par. 1, 2, 3 and 9; G. RUFFINI (a cura di), Diritto processuale civile, volume II, Il Mulino, Bologna 2024, chapter 2, par 1 and 2; chapter 3, par. from 1 to 8 included; par. from 10 to 14 included; par. 17, 18, 20 and 21. It is of utmost importance to consult an updated civil procedure code, complete with special legislation.

The examination is oral. Students will be asked three or four questions on topics covered during the course or otherwise included in the syllabus. Upon students’ consultation, either partial examination or exercises (with or without marks) may be scheduled during the course. These exercises may be either written or oral. If written form is chosen, students will answer to three or four open-ended questions (in 2 hours). In order to comply with the expected learning outcomes, the following elements will be taken into consideration: the ratio and criteria followed by student in giving answers, the level of knowledge and understanding of the issues and questions asked during the examination and selected among the syllabus, the ability to make links among the subjects and to develop reasoning, the language accuracy, the course attendance and the active participation to it. Students will pass the exam in case they reach at least 18/30 marks. For pass marks, students must show to have acquired basic competence in the questions asked during the examination and to express the contents with ordinary property of language. For best marks (from 27/30 to 30/30 cum laude) students must show to have acquired a deep and high knowledge of issues and questions asked during the examination, to have skills in making links among the subjects and in developing juridical reasoning, to have accurate linguistic competence. The course attendance and the active participation to it will also taken into consideration. Students are expected to enter the examination at the end of the lectures. In any case, examinations will be scheduled in accordance with the rules provided by the competent bodies. The duration of the examination is difficult to be defined.

The course will take in the first semester by in-person lectures. In addition, both supplementary, in order to complete topics covered during the course, and tutoring activities may be provided. Besides, upon students’ consultation, either exercises or partial examination may be held during, or at the end of, the lectures. Oral exercises (without marks) are however recommended in order to enable students to check their level of knowledge and of understanding of the topics covered during the course or otherwise included in the syllabus. Oral exercises aim also to enable students both to make links among the topics and to acquire language accuracy. Detailed forms including both the topics and the references to the relevant textbook chapters and paragraphs for each lecture and supplementary didactic materials, such as case decisions, will be uploaded on Classroom. The first part of the course will focus on justice, jurisdiction, judicial process; law and justice; consensual justice and procedural justice; state jurisdiction and private jurisdiction; general principles of jurisdiction, also in the light of Italian Constitution and European and international guarantees; the fundamental basis of jurisdictional proceedings: judicial request, right of defense, judicial issues, requirements for a decision on the merits; different types of jurisdiction; ordinary and special jurisdiction; ordinary civil jurisdiction specialized sections. The second part will focus on different forms of civil judicial protection (declarative protection, enforcement protection, interim protection) and in particular on declarative protection and on different form of cognizance before civil courts; claim and judicial defense; plurality of claims. The third part of the course will focus on procedural records and terms, telematic civil proceedings (oral and written form, analog and digital records, hearings, notifications); nullity in civil proceedings. The fourth part will focus on parties (capacity; representation; interest in bringing action and legitimacy to act, the defender); plurality of parties, joinder of parties, changes of parties (artt. 102-111 Italian code of civil procedure). The fifth part will focus on civil jurisdiction and its limits towards special jurisdictions, public powers and foreign jurisdiction; jurisdiction issues and decision on jurisdiction issues; the specific proceeding before Supreme Court on jurisdiction; competence of ordinary civil courts; competence issues and the relevant decision; translatio judicii; art. 39 of Italian code of civil procedure. The sixth part will focus on facts and judgment; the principle of burden of proof; the outlines of the evidentiary phase and of evidences; judgment, law and equity; the outcome of civil process and res judicata (outlines); declarative protection and different models of cognition proceedings; first instance ordinary proceedings (structure, phases, outlines)