Subject: One of the main reasons for the lack of pervasiveness of the European Convention on human rights in the Italian courts is the insufficient knowledge of the legal machinery of said international instrument. Although it was introduced in the Italian legal system in 1955, its application did not occur until the beginning of the ‘80s, and rarely was it made part of the Italian Universities’ curriculum until just before the end of the ‘90s.
The knowledge of protection mechanisms which derive from the European Court of Justice is also reserved for an elite of magistrates.
Objectives: The training course aims to provide participants with a basic knowledge of the European Convention for the Protection of Human Rights and of the Court of Justice, or relations between the supranational Courts and the national courts, with a special focus on the regulations governing the lodging of appeals before the two Courts, providing a clear, accurate and intelligible definition of the function of the ECHR in respect of the protection of fundamental rights, its relations with the Constitutional Charter and with the Charter of Fundamental Rights of Nice Strasbourg.
Furthermore, the course aims to offer participants a clear picture of the powers and duties of Italian magistrates in implementing the rights protected by the Convention, and of the binding nature of judgments passed by the ECHR in the Italian legal system.
On the other hand, the training course is part of the broader objective of favoring the effective protection of EU law by national magistrates, with the aim to establish a common knowledge, within the individual Member States, of the mechanisms used by the Court of Justice in deciding on disputes referred to it by national magistrates for a preliminary ruling, implementing the mutual trust between Magistrates and Court of Justice, in the knowledge that the effective protection of such rights will not be guaranteed unless the national authorities have full knowledge of the role of the Court of Justice and of that assigned by the same Court to national authorities in protecting EC rights.
Structure and methodology: due to the nature of the course objective, various didactical methods will be adopted depending on the different phases (there will be sessions dedicated to face-to-face presentations and sessions where participants will be divided into small groups to analyze specific cases examined by the European Court, having specific regard to the topics discussed in the afternoon sessions).
The course will adopt absolutely innovative didactical methods.
In fact, each speaker will be required to prepare the material – main legal references, articles from the literature, etc. – which will be distributed to participants via email 30 days prior to the start of the course and examined by the speaker during several preliminary meetings with the subjects admitted to the course. At the same time, said participants will have the opportunity to meet the course speaker, who will then provide a set of general guidelines in his field of expertise which will be developed during the various sessions.
The closing session will be dedicated to an assessment of the knowledge acquired by participants through a number of presentations, to be guided by the speakers, made by the course participants, during which they will be required to answer a number of questions prepared by the speakers, some of which will be called on to follow the entire course.
Three to four speakers will be present throughout the entire duration of the course, which will be preceded by an operational meeting between two members of the scientific committee and the course speakers/coordinators (up to a maximum of 4) to be held at least two months prior to the course
Candidates: magistrates of first instance dealing with civil or penal matters or prosecuting magistrates. The course is open to private practice attorneys.