If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! Seen that, it is now clear how the main features of these two systems are strictly linked to their historical genesis. 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. The President is also the commander-in-chief of the Armed Forces and chairs the Superior Council of the Judiciary. The judiciary, which is independent, exercises judicial powers. In criminal trials, legal counsel represent, assist, and defend their clients. The judges are represented by the Consiglio Superiore della Magistratura which is a body chaired by the President of the Republic and includes the public prosecutor of Corte di Cassazione, and university law professors and attorneys with fifteen years of experience (Grossi, 2010). For example, they can sanction negligent conduct and delaying tactics. Attended a stage or training course in court. Se continui ad utilizzare questo sito noi assumiamo che tu ne sia felice. 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 court of appeal reviews the judgments delivered by the courts of first instance. An amendment must be submitted to a popular referendum. The Italian justice system has again emerged as one of the worst performers in the European Union, with the European Commission's 2015 scoreboard revealing that in Italy it takes civil and commercial cases an average of 600 days to get to court. There is no specific pre-trial phase, although there are specific precautionary proceedings which provide an independent examination of evidence before trial. The role of the precedent in the English and Italian judicial system. law, the current evolution of the law, developed by the Supreme Judicial Authority taking into account the dynamic requirements of the modern society. hb```, edd```d`1#[sM{& The Constitution states that the legislative function must be exercised jointly by the two Houses of Parliament (. Each jurisdiction has a single criminal justice system, which means Starting a business in Italy can take less time but costs more than the EU average. By imprisonment not exceeding four years. *You can also browse our support articles here >, Boundless. This was the beginning of the Civil law, and the first step of a process of codification that will continue after the French Revolution with the Code Napolon, the source of inspiration of the modern codes. However, at appellate levels the same judges sometimes sit on both types of courts. This is something that individuals who are facing a trial can freely opt for. 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.).
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