CIVIL PROCEDURE
Instructional goals
The course aims at giving introductory notions on civil procedure in Italy.
Intended learning outcomes
The students will learn about the fundamentals of Italian civil justice, in a theoretical perspective, but also gaining knowledge on how Italian civil litigation works, in practice.
Course Contents
The course will address the historical and ideological foundations of procedural scholarship and legislation in Italy, until the current tendencies and trends, resulting in new principles regulating the machinery of justice, as exposed to supranational and economic instances. The course will deal with the basic features, conceptions and different models of civil proceedings, at their different stages. Also, attention will be drawn to challenges to judgments, provisional remedies and civil execution.
Reference Books
Reference texts will consist of reading materials indicated and/or circulated prior to or after each lesson, texts of national and supranational case law, excerpts from a selected bibliography. Illustrative examples of references are: M. Lupoi, Civil Procedure in Italy, 2018; M. De Cristofaro- N. Trocker (eds), Civil Justice in Italy, 2010; A. De Luca-A. Simoni, Fundamentals of Italian Law, 2014; M. Cappelletti-J. Perillo, Civil procedure in Italy, 1965.
Teaching Methods
The course will combine frontal lessons and seminars with active participation and teamwork by students.
Assessment Method
The final examination will consist of an overall assessment of each student performance throughout the entire duration of the course. Oral colloquium.
Thesis assignment criteria
Interest in the subject; performance.
Week 1
1. Introduction: foundations of modern Italian civil procedure. The Italian procedural scholarship.
2. Short history of Italian civil procedure.
Materials provided for by the instructor.
Week 2
3. From ancient and to “new” principles of Italian civil procedure.
4. The Italian legal system. The machinery of justice. Legal professions. Legal aid and pro-se litigant.
Materials provided for by the instructor.
Week 3
5. The dual system of protection (rights vs. legitimate interests). “Ordinary” versus special procedural models. History and recent tendencies.
6. Trans-substantive procedures and “paternalistic” procedures. Double-sided relations between civil procedure and substantive law.
Materials provided for by the instructor.
Week 4
7. Methods of alternative dispute resolution.
8. Subject (actors) of the civil process. The judge. The parties. Other officers.
Materials provided for by the instructor.
Week 5
9. Jurisdiction, venue. Standing.
10. Types of judicial protection. Res judicata; execution; provisional remedies.
Materials provided for by the instructor.
Week 6
11. The ordinary model of civil proceeding (rito ordinario di cognizione). Main features and structure. Description of a civil process from start to end.
12. The claim.
Materials provided for by the instructor.
Week 7
13. The response.
14. The hearing and its substitutes.
Materials provided for by the instructor.
Week 8
15. Italian law of evidence. Ascertaining the facts of the case.
16. The judgment.
Materials provided for by the instructor.
Week 9
17. Dispositive motions. Summary proceedings/judgments. The simplified model of civil proceeding (rito semplificato di cognizione).
18. Provisional remedies.
Materials provided for by the instructor.
Week 10
19. Joinder of third parties. Aggregate litigation and class action.
20. Challenges to judgments; general principles and overview.
Materials provided for by the instructor.
Week 11
21. Challenges: appeals.
22. Access to the Supreme Court (Corte di Cassazione).
Materials provided for by the instructor.
Week 12
23. Other challenges to judicial decisions. Revocation, opening of a new trial, third party opposition, etc.
24. Labor and family proceedings at a glance.
25. General principles of Italian civil execution.
26. Course’s conclusions. Tendencies of the Italian procedural system into a global perspective.
Materials provided for by the instructor.