Система судоустрою Італії By Dario Quintavalle – Senior Executive Ministry of Justice, Italy Court Manager of the Surveillance Court of Rome

About Italy United country since 1861 United country since 1861 A democratic republic since 1946 A democratic republic since 1946 EC and NATO founding member EC and NATO founding member 6th largest GDP in the world 6th largest GDP in the world 2° best health care system in the world (WHO) 2° best health care system in the world (WHO) “The Cradle of Law” “The Cradle of Law” First University in the world (Law School of Bologna 1088) First University in the world (Law School of Bologna 1088) First country to abolish death penalty (1786) First country to abolish death penalty (1786) Eurojust member Eurojust member

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

Governance and Rule of Law Parliament bi-cameral Parliament bi-cameral Government Government Independent Judiciary Independent Judiciary President of the Republic President of the Republic Prime Minister Prime Minister 20 Regions 20 Regions Constitution Statute Law Law Decrees Administrative regulations Regional Law (not in Civil and Criminal matters)

Jurisdictions 1. Constitutional Court 2. Ordinary (Civil and Criminal) 3. Administrative 4. Court of Accountants 5. Military 6. Fiscal

The Magistrate Body 9000 ca. ( honorary judges) 9000 ca. ( honorary judges) Independent and self- governed Independent and self- governed Prosecutors + Judges Prosecutors + Judges Selected by public competition Selected by public competition Career progression by seniority Career progression by seniority High reputation and prestige High reputation and prestige 27 magistrates killed (1969 – 1993) 27 magistrates killed (1969 – 1993) Giovanni Falcone - Paolo Borsellino

The Court System (Civil + Criminal) Court of Cassation Court of Cassation Court of Appeal Court of Appeal Court of First Instance Court of First Instance Justice of Peace Justice of Peace General Public Prosecutor at the Court of Cassation General Public Prosecutor at the Court of Appeal Public Prosecutor Prosecutors dispose of special section of Police (Judiciary Police), co-ordinate investigations and promote criminal actions

Justice system Right to have 3 hearings, until Cassation Right to have 3 hearings, until Cassation No ruling is definitive and executive before Cassation No ruling is definitive and executive before Cassation If Cassation rules out, new hearings If Cassation rules out, new hearings Appeal are new judgments and not revision of the precedent ruling (novum judicium) Appeal are new judgments and not revision of the precedent ruling (novum judicium) No jury trial but most serious cases heard by a Court of Assize composed of two professional judges, Giudici Togati, and six lay judges, Giudici Popolari, No jury trial but most serious cases heard by a Court of Assize composed of two professional judges, Giudici Togati, and six lay judges, Giudici Popolari,

The Surveillance Courts people in jail (1/2 of them foreigners… but very few Ukrainians!), frequent amnesties people in jail (1/2 of them foreigners… but very few Ukrainians!), frequent amnesties Constitution forbids non-humane treatment Constitution forbids non-humane treatment SC superintend on the whole correctional system SC superintend on the whole correctional system Decides on probation, Decides on probation, enforcement of verdicts, enforcement of verdicts, alternative sanctions alternative sanctions security measures security measures

Surveillance Justice Surveillance Court (Tribunale di Sorveglianza) operates as a court of first instance, and as a court of appeal towards the decisions of the Surveillance Judge. Surveillance Court (Tribunale di Sorveglianza) operates as a court of first instance, and as a court of appeal towards the decisions of the Surveillance Judge. A Surveillance Judge (Magistrato di Sorveglianza) is a judge of first instance. A Surveillance Judge (Magistrato di Sorveglianza) is a judge of first instance. Surveillance Court: 4 members = 2 judges + 2 experts (psychology, social services, education, psychiatry and clinical criminology ) Surveillance Court: 4 members = 2 judges + 2 experts (psychology, social services, education, psychiatry and clinical criminology )

The Surveillance Court of Rome

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

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Court Governance Supreme Council of Judges: Chaired by the President of the Republic Chaired by the President of the Republic Elected by all Magistrates Elected by all Magistrates Appoints Chief Judges and Prosecutors Appoints Chief Judges and Prosecutors Act as disciplinary court for Judges Act as disciplinary court for Judges

The Ministry of Justice Recruitment of Magistrates, Barristers, Notaries, Court Clerks Recruitment of Magistrates, Barristers, Notaries, Court Clerks 4 main departments: 4 main departments: Court Administration Court Administration Prison Administration Prison Administration Juvenile Justice System Juvenile Justice System Politics of Legislation Politics of Legislation employees employees

Court Administrators Executives of the Ministry of Justice Executives of the Ministry of Justice In charge of Human Resources, Organization, Finance; In charge of Human Resources, Organization, Finance; Subject to evaluation by the MoJ Subject to evaluation by the MoJ Not empowered until 2006 Not empowered until 2006

1. 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-mafia DNA: National Direction Anti-mafia PNA: National Procuror Anti-mafia under surveillance of the General Prosecutor of Cassation PNA: National Procuror Anti-mafia under surveillance of the General Prosecutor of Cassation Impulse and co-ordination of OC investigations Impulse 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 crime 41-bis prison regime: mafia + terrorism +drugs 41-bis prison regime: mafia + terrorism +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 other prisoners; a ban on all association or correspondence with other prisoners; a ban on meetings with third parties; a ban on meetings with third parties; restrictions on visits from members of the family (once per month and visitors are only allowed to communicate by intercom through thick glass); restrictions on visits from members of the family (once per month and visitors are only allowed to communicate by intercom through thick glass); a ban on receiving or sending sums of money over a set amount; a ban on receiving or sending sums of money over a set amount; a ban on organizing cultural, recreational or sporting activities; a ban on organizing cultural, recreational or sporting activities; a ban on voting or standing in elections for prisoner representatives; a ban on voting or standing in elections for prisoner representatives; a ban on taking part in arts-and-crafts activities a ban on taking part in arts-and-crafts activities

3. Fight against organized crime The Surveillance Court of Rome is the court competent on nationwide level on appeals against the 41-bis decree Confiscation of all assets and destination to social utility

Ongoing Problems Organized Crime Organized Crime High Corruption High Corruption Permanent conflict between politics and judiciary Permanent conflict between politics and judiciary Excessive number of civil proceedings pending (5 million) Excessive number of civil proceedings pending (5 million) Excessive length of Criminal Proceedings = several condemnations by ECHR Excessive length of Criminal Proceedings = several condemnations by ECHR Cumbersome legislation ( laws) under codification Cumbersome legislation ( laws) under codification

The most important Italian contribution to the Ukrainian Judiciary so far…

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