Essay on The World Justice Project 's Rule Of Law Index

Essay on The World Justice Project 's Rule Of Law Index

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Italy is well known around the world for it’s beautiful buildings and architecture, both of which are tied to its rich history. This extensive history shows itself within the country’s legal system, where the laws are a mix of Napoleonic law, Roman law, and modern law. The thousands of laws Italy has – some of which conflict with each other, others which are ignored entirely – leave many of the country’s lawyers confused and make it extremely rare for any lawyer to know even most of the laws governing the country. This, among other reasons, makes the country’s judicial system extremely slow and cumbersome. So slow, in fact, that some cases aren’t given a verdict or sometimes even seen until the statute of limitations is already almost over. In the 2015 report of the World Justice Project’s Rule of Law index, Italy places a mere 30 out of 102 – not terrible, but not the best either, especially in comparison to the rankings that the countries in Northern and Western Europe got – and unsurprisingly, “no unreasonable delay” ranks the worst underneath the civil justice category, and second worst in Italy’s rankings overall.
Like many other countries in the world, however, Italy follows a civil law system, though the new code of criminal procedure introduced in 1988 brought in “Anglo-American and Common Law elements,” though with some controversy and confusion. This has caused a more blended type of law system, in which there are combined elements of adversarial and inquisitorial systems (Pennington). Thus judges in Italy must balance having an active part in civil and criminal investigations, playing the part of investigators, while also being able to moderate between the defense and prosecution.
Also like most countries, Italy’s j...

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...he Court’s decision, he or she “must give a full, detailed, and complete opinion on why he thinks those precedents do not accurately represent the law” (131), thus making it much easier to conform to the precedents than to dissent.
The Supreme Court of Cassation is a much larger body than it’s constitutional counterpart. All members counted, an entire 374 members make up this large judicial organ. The Chief Justice, referred to as the first president, is the head, followed by the deputy president. There are 54 justices that preside over six civil divisions and seven criminal ones, as well as a total of 288 judges. Thirty more judges from the lower courts take the role of supporting judges, should they be needed. Though there are many members, cases are typically heard by only a five-judge panel, with more complex cases warranting four more judges to preside (Italy).

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