Система судоустрою ІталіїСистема судоустрою Італії

By Dario Quintavalle – By Dario Quintavalle – Senior Executive Senior Executive

Ministry of Justice, ItalyMinistry of Justice, ItalyCourt Manager of the Court Manager of the

Surveillance Court of RomeSurveillance Court of Rome

About Italy About Italy United country since 1861United country since 1861 A democratic republic since 1946A democratic republic since 1946 EC and NATO founding member EC and NATO founding member 6th largest GDP in the world6th largest GDP in the world 2° best health care system in the world 2° best health care system in the world

(WHO)(WHO) ““The Cradle of Law”The Cradle of Law” First University in the world (Law School of First University in the world (Law School of

Bologna 1088)Bologna 1088) First country to abolish death penalty (1786)First country to abolish death penalty (1786) Eurojust memberEurojust member

Population and ImmigrationPopulation and Immigration• 60.000.000 people• 4 million immigrants• > 300.000 Ukrainians ( “Badanti” = caring ladies)

Governance and Rule of LawGovernance and Rule of Law Parliament bi-Parliament bi-

cameralcameral GovernmentGovernment Independent Independent

JudiciaryJudiciary

President of the President of the Republic Republic

Prime MinisterPrime Minister 20 Regions20 Regions

ConstitutionConstitution Statute Law Statute Law Law DecreesLaw Decrees Administrative Administrative

regulationsregulations Regional Law (not Regional Law (not

in Civil and in Civil and Criminal matters)Criminal matters)

Jurisdictions Jurisdictions

1.1. Constitutional Constitutional CourtCourt

2.2. Ordinary (Civil Ordinary (Civil and Criminal)and Criminal)

3.3. Administrative Administrative 4.4. Court of Court of

AccountantsAccountants5.5. MilitaryMilitary6.6. Fiscal Fiscal

The Magistrate BodyThe Magistrate Body 9000 ca. (+ 3500 9000 ca. (+ 3500

honorary judges)honorary judges) Independent and self-Independent and self-

governedgoverned Prosecutors + JudgesProsecutors + Judges Selected by public Selected by public

competitioncompetition Career progression by Career progression by

seniorityseniority High reputation and High reputation and

prestigeprestige 27 magistrates killed 27 magistrates killed

(1969 – 1993)(1969 – 1993)Giovanni Falcone - Paolo Borsellino

The Court System The Court System (Civil + Criminal)(Civil + Criminal)

Court of Cassation Court of Cassation Court of AppealCourt of Appeal Court of First Court of First

Instance Instance Justice of PeaceJustice of Peace

General Public General Public Prosecutor at the Prosecutor at the Court of CassationCourt of Cassation

General Public General Public Prosecutor at the Prosecutor at the Court of AppealCourt of Appeal

Public ProsecutorPublic Prosecutor

Prosecutors dispose of special section of Police (Judiciary Police), co-ordinate investigations and promote criminal actions

Justice systemJustice system Right to have 3 hearings, until CassationRight to have 3 hearings, until Cassation No ruling is definitive and executive before No ruling is definitive and executive before

CassationCassation If Cassation rules out, new hearingsIf Cassation rules out, new hearings Appeal are new judgments and not revision Appeal are new judgments and not revision

of the precedent ruling (of the precedent ruling (novum judiciumnovum judicium) ) No jury trial but most serious cases heard No jury trial but most serious cases heard

by a Court of Assize composed of two by a Court of Assize composed of two professional judges, professional judges, Giudici TogatiGiudici Togati, and six , and six lay judges, lay judges, Giudici PopolariGiudici Popolari, ,

The Surveillance CourtsThe Surveillance Courts 50.000 people in jail (1/2 of them 50.000 people in jail (1/2 of them

foreigners… but very few Ukrainians!), foreigners… but very few Ukrainians!), frequent amnestiesfrequent amnesties

Constitution forbids non-humane treatment Constitution forbids non-humane treatment SC superintend on the whole correctional SC superintend on the whole correctional

systemsystem Decides on probation, Decides on probation, enforcement of verdicts, enforcement of verdicts, alternative sanctions alternative sanctions security measuressecurity measures

Surveillance JusticeSurveillance Justice Surveillance Court (Surveillance Court (Tribunale di Tribunale di

SorveglianzaSorveglianza) operates as a court of first ) operates as a court of first instance, and as a court of appeal towards instance, and as a court of appeal towards the decisions of the Surveillance Judge.the decisions of the Surveillance Judge.

A Surveillance Judge (A Surveillance Judge (Magistrato di Magistrato di SorveglianzaSorveglianza) is a judge of first instance. ) is a judge of first instance.

Surveillance Court: 4 members = 2 judges Surveillance Court: 4 members = 2 judges + 2 experts (psychology, social services, + 2 experts (psychology, social services, education, psychiatry and clinical education, psychiatry and clinical criminology )criminology )

The Surveillance Court of RomeThe Surveillance Court of Rome

The Surveillance Court of RomeThe Surveillance Court of Rome The The

Surveillance Surveillance Court of Court of Rome is the Rome is the court court competent on competent on nationwide nationwide level on level on appeals appeals against the against the anti-Mafia anti-Mafia prison prison regime. regime.

Be our friend…Be our friend… Web: Web:

http://tribsorvroma.wordpress.com

Facebook: Facebook: Tribunale di Tribunale di Sorveglianza di Sorveglianza di RomaRoma

Twitter: Twitter: http://twitter.com/tribsorv

Flickr: Flickr: http://www.flickr.com/photos/46730249@N02

Court GovernanceCourt Governance

Supreme Council of JudgesSupreme Council of Judges: : Chaired by the President of the Chaired by the President of the

RepublicRepublic Elected by all MagistratesElected by all Magistrates Appoints Chief Judges and Appoints Chief Judges and

ProsecutorsProsecutors Act as disciplinary court for JudgesAct as disciplinary court for Judges

The Ministry of JusticeThe Ministry of Justice Recruitment of Magistrates, Recruitment of Magistrates,

Barristers, Notaries, Court ClerksBarristers, Notaries, Court Clerks 4 main departments:4 main departments:

Court Administration Court Administration Prison AdministrationPrison Administration Juvenile Justice SystemJuvenile Justice System Politics of LegislationPolitics of Legislation

100.000 employees100.000 employees

Court AdministratorsCourt Administrators Executives of the Ministry of JusticeExecutives of the Ministry of Justice In charge of Human Resources, In charge of Human Resources,

Organization, Finance;Organization, Finance; Subject to evaluation by the MoJSubject to evaluation by the MoJ Not empowered until 2006Not empowered until 2006

1. Fight against organized crime1. Fight against organized crime Three main criminal organization (MAFIA)Three main criminal organization (MAFIA) Special crime: “Mafia-style association”Special crime: “Mafia-style association” DNA: National Direction Anti-mafiaDNA: National Direction Anti-mafia PNA: National Procuror Anti-mafia under PNA: National Procuror Anti-mafia under

surveillance of the General Prosecutor of surveillance of the General Prosecutor of CassationCassation

Impulse and co-ordination of OC investigationsImpulse and co-ordination of OC investigations DDA: District Direction Anti-mafia (26)DDA: District Direction Anti-mafia (26) DIA: interforce Anti-mafia police agency DIA: interforce Anti-mafia police agency

2. Fight against organized crime2. Fight against organized crime 41-bis prison regime: mafia + terrorism 41-bis prison regime: mafia + terrorism

+drugs+drugs a ban on the use of the telephone; a ban on the use of the telephone; a ban on all association or correspondence with a ban on all association or correspondence with

other prisoners; other prisoners; a ban on meetings with third parties; a ban on meetings with third parties; restrictions on visits from members of the family restrictions on visits from members of the family

(once per month and visitors are only allowed to (once per month and visitors are only allowed to communicate by intercom through thick glass); communicate by intercom through thick glass);

a ban on receiving or sending sums of money over a a ban on receiving or sending sums of money over a set amount; set amount;

a ban on organizing cultural, recreational or sporting a ban on organizing cultural, recreational or sporting activities; activities;

a ban on voting or standing in elections for prisoner a ban on voting or standing in elections for prisoner representatives; representatives;

a ban on taking part in arts-and-crafts activitiesa ban on taking part in arts-and-crafts activities

3. Fight against organized crime3. Fight against organized crime

The Surveillance The Surveillance Court of Rome is the Court of Rome is the court competent on court competent on nationwide level on nationwide level on appeals against the appeals against the 41-bis decree 41-bis decree

Confiscation of all Confiscation of all assets and assets and destination to social destination to social utilityutility

Ongoing ProblemsOngoing Problems Organized CrimeOrganized Crime High CorruptionHigh Corruption Permanent conflict between politics and Permanent conflict between politics and

judiciaryjudiciary Excessive number of civil proceedings Excessive number of civil proceedings

pending (5 million) pending (5 million) Excessive length of Criminal Proceedings Excessive length of Criminal Proceedings

= several condemnations by ECHR= several condemnations by ECHR Cumbersome legislation (20.000 laws) Cumbersome legislation (20.000 laws)

under codificationunder codification

The most important The most important Italian contribution to Italian contribution to

the Ukrainian the Ukrainian Judiciary so far…Judiciary so far…

Espresso Coffee machines !

Questions? and Answers!Questions? and Answers!