Elements of Procedural Law

A.Y. 2024/2025
6
Max ECTS
40
Overall hours
SSD
IUS/15
Language
Italian
Learning objectives
The course aims to make students acquire the basic notions that help to understand the essential and common concepts of civil and criminal justice, which also find a parallel in international justice, through the exam of the conditions, methods and limits in which judicial protection is exercised. The course also aims to provide the student with the knowledge of the judicial procedures through which justice is administered and of the general principles - national and supranational - to which every process expects to be informed.
Expected learning outcomes
The expected learning outcomes are the following: i) understanding and knowledge and of the main topics of the subject and of the specific methodology of procedural law as pertaining to general principles potentially applicable to all types of proceedings, national and international; ii) acquisition of an appropriate legal language and a good understanding of the legal lexicon; iii) understanding the differences between procedural law and substantive law and their mutual interference; iv) ability to interpret the provisions of substantive law in a procedural key, identifying the most appropriate form of protection that oversees the violation; v) knowledge of the basic notion useful for the access to the professional figures in the justice system open also to graduated in SIE (i.e. clerk of the court) or potentially connected to it (i.e. employee in small or middle-size enterprises).
Single course

This course can be attended as a single course.

Course syllabus and organization

Single session

Responsible
Lesson period
Second trimester
Course syllabus
The types of actions: cognition, precautionary and enforcement proceedings. - Constitutional, European and supranational principles on judicial protection: the right of action, the right of defense, the impartiality of the judge, the adversarial principle, the fair trial, the reasonable length of the trial, the reasoning of judgements, the extraordinary appeal in the Court of Cassation. - The judicial protection: ascertainment, condamntaion and constitutive proceedings. - The jurisdiction. - The competence. - Internal and international lis pendens. - The parties: procedural capacity, legitimacy to act and interest to act. - The claim - Defendants' defenses. - The role of the Public Procecutor in civil litigation - The multiparties proceedings. - The nullity of the acts. - Res iudicata and its objective, subjective and temporal limits. - Notifications and communications.
Prerequisites for admission
For the useful attendance of the course, a basic knowledge of the fundamental institutes of private law or public law is required.
Teaching methods
The course consists in frontal lectures, during which the application of the law offered by Italian and supranational case law will also be examined and students' active participation in the course will be encouraged.
The judgements illustrated in class and any further in-depth material available to students will be available on the Ariel website of the course.
Teaching Resources
E. Merlin, Elementi di diritto processuale civile. Parte generale, Giappichelli, 2022, with exclusion of chapters XII, XV, XVI, XVIII
or, in the alternative,
F. Danovi, L. Salvaneschi, Diritto processuale civile. I principi, Milano, 2023, with exclusion of chapters XVI and XVIII

and one of the following:

- Questioni in tema di garanzie e accesso alla giustizia civile, Cap. II, in V. Ansanelli, P. Comoglio, A. Dondi, Processi civili in evoluzione. Una prospettiva comparata, ultima edizione

or, in the alternative,

- N Trocker, Dal "giusto processo" all'effettività dei rimedi. L'azione nell'elaborazione della Corte europea dei diritti dell'uomo, in Riv. trim. dir. proc. civ. 2009, 453 ss.
Assessment methods and Criteria
The exam consists of an oral interview, aimed at verifying the student's knowledge of the program topics and the ability to understand the underlying problems. The criteria for the evaluation will take into account the correctness of the contents, the argumentative clarity, the use of the appropriate language.
IUS/15 - CIVIL PROCEDURAL LAW - University credits: 6
Lessons: 40 hours