B016426 - PROCEDURAL SYSTEMS AND REMEDIES

Italian

II) Civil, administrative and tax parties.
The course is dedicated to the introduction and study of protection before the various jurisdictions, in the constitutional and European legal framework, with particular reference to the civil process as a reference model.

(II) Civil procedural party, alternatively the following programmes:
I. A. PROTO PISANI, Lessons in civil procedural law, 6th edition, Naples 2014:
Production: paragraphs 1-4 (pp. 4-29);
CAP. 2°, The right to a fair hearing: paragraphs 1 to 6 (pp. 56 to 66);
CAP. 3rd, The conduct of the ordinary trial of first instance: paragraphs 1 to 4 (pp. 86-105);
CAP. 4°, The content of the judgments: paragraphs 1 to 1.3 (pp. 130-162);
CAP. 5°, The fundamental principles of the process: paragraphs 1 to 4 (pages 180-200);
CAP. 7th, The extra-formal requirements relating to the judge: par. 1 1.2 (pp. 240-244) and par. 2 to 2.1 (pp. 263-264);
CAP. 12°, Summary protection: paragraphs 1 to 2.7 (pp. 543-559);
CAP. 13°, Precautionary supervision: paragraphs 1 to 5 (pages 593 to 641);
POSTCODE 17th, The work process: everything (pages 782 to 831).

OR:
II. P. Biavati, Argomenti di diritto procedsuale civile, Bologna, 2018:
Chapter I, The fundamental structure of the process: everything (pp. 1-134);
Chapter IV, Other forms of declarative process (labour process, European Union and internal injunctive decree, pp. 541-603);
Chapter V, Precautionary supervision (pp. 701-726 included par. 92).
For all students:
III. On the administrative process, A. TRAVI, Lessons of administrative justice, Turin 2018:
POSTCODE 1st, Introductory Lessons (p. 1-10);
Chapter 7°, Administrative appeals (pp. 143-161);
Chapter 8: General Framework for Administrative Justice (pp. 169-188).

IV. On the Tax Process: M. Beghin,
Tax Law, Milan, 2017:
Chapter 12, The Tribtarian Process (pages 371-397).
On the Moodle platform
are accesible for all students the schemes relating to the matters of the course.

II) Civil, administrative and tax parties.
The course aims to provide knowledge of the articulation of judicial protection in civil proceedings and before administrative and tax jurisdictions. The objective is to offer an overview, with reference to the principles and different systems of protection, that offers the ability to frame the different needs of protection, the relative remedies, the competent offices.
Ability to find bibliographic and jurisprudential material useful for setting up and correctly resolving practical cases.

It's necessary to have passed the exam of General Constitutional Law, Private Law I, Criminal Law I

II) Civil, administrative and tax proceedings.
Teaching takes place with lectures, seminars, conferences. Special attention will be given to the examination of case law
The materials examinated during the lessons will be available through the Moodle Platform in free access.

The examination is UNIQUE, although it consists of the programme, which is partly aimed at the study of criminal proceedings and partly at the study of civil, administrative and tax proceedings.
In order to facilitate the students, the exam is organized in two tests (the one with six credits concerning the civil, administrative and tax process, prof.ssa Silvestri, and the one with three credits concerning the criminal process, prof.ssa Sanna). In order to allow the possibility of taking the exam in two tests, the test taken first is indicated as "partial" and the test taken second as "final" (the choice of which party to take first or second is left to the student in the following terms): both parties, for systemic reasons must be taken in the same academic year. Consequently, it will not be possible to take a partial test in February and the final test the following June. In the event that both tests are not passed within the same academic year, the partial test passed must also be passed again.

Starting from the call of June 2019, students have, therefore, the following choices:

- to take the six-credit test first, and therefore as a partial test: to do so, it will be necessary to register for the test in question by choosing the "partial" list (which will be identified by specific diction). In this case, the three-credit test must be taken within the same academic year and, at the relative appeal, students must register by choosing the "final" list (which will be identifiable by specific diction), thereby allowing the teacher of the latter to proceed with the overall publication of the exam;

to take the three-credit test first, and therefore as a partial test: to do so, students must register for the test in question by choosing the "partial" list (which will be identified by specific diction). The six-credit exam must be taken within the same academic year: at the relative exam, students must register by choosing the "final" list (which will be identifiable by specific diction), thereby allowing the teacher of the exam to proceed with the overall publication of the exam;

-take both exams at the same time (e.g. both in June, obviously on the respective dates set by the teachers). In this case, students will always have to choose the "partial" test, the three credits test (prof. Sanna) and the six credits test (prof. Silvestri) as the "final" test. If one of the two modules is passed and the other is not, the teacher will "add" the student to the appropriate list. In any case, both tests must be taken within the same academic year, otherwise the exam must be taken again in full.


The method of verification of the two parties is as follows.

II) Civil, administrative and tax litigation.
The exams will be written (required) and oral (optional and at the discretion of the teacher).
The written test consists of three open-ended questions to be answered in one hour and thirty minutes. The questions will be pre-printed on the sheets distributed by the teacher: the space dedicated to writing the answers is merely indicative and not exhaustive.
A short oral interview can only take place in case of uncertainty about the preparation.
The questions will concern the topics dealt with in the "Texts of reference".
During the written test, students will have to hand in their codes, mobile phones and computer supports, and textbooks.

II) Civil, administrative and tax proceedings.
The aim of the programme is to study the various forms of protection available in our legal system, with reference also to the civil procedural law of the European Union.
The programme focuses a large part on the civil process, due to its central role as a reference model for administrative and tax processes.
In particular, the study of the structure of the ordinary process and its principles, including constitutional and EU principles, including the The programme focuses a large part on the civil process, due to its central role as a reference model for administrative and tax processes: the structure of the ordinary process and its principles, including constitutional and EU principles, the process about work, as well as the profiles of summary protection "cautelare e non cautelare".These same profiles are also examined with reference to the tax and administrative processes.
Extensive use will be made of the judgements in the course of the lessons.
The program indicated herein will be in force from the appeal of December 2018, without prejudice to the right of students belonging to a previous academic year to maintain the reference program.