Italian administrative law is an arm of administrative jurisdiction in the law of the Republic of Italy. [1] The Italian administrative law is responsible for judging appeals brought against administrative acts by private individuals who consider themselves harmed (in a manner not in conformity with the legal system) in their own legitimate interest. These are administrative judges of first instance, whose sentences are appealable before the Council of State. [2]
The establishment of administrative tribunals of first instance in the regional district is required by the Constitution of Italy (Art. 125). However, the tribunals were only established on 6 December 1971, after the disappearance of the jurisdiction of the Provincial Administrative Councils, which had been declared unconstitutional.
The 1971 law did not limit itself to filling the void created in the legal system by the councils' abolition. The law established jurisdictional bodies with limited competence in relation to entities and matters, but has generalized the double degree in administrative jurisdiction. On every act of any public administration (including the state one), the TAR (Regional Administrative Court) now judges in the first instance, while the Council of State (which until the establishment of the regional courts normally judged in a single instance) is called to rule only on appeal. [3]
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal". Many governmental bodies are titled "tribunals" to emphasize that they are not courts of normal jurisdiction. For instance, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes.
Election law is a branch of public law that relates to the democratic processes, election of representatives and office holders, and referendums, through the regulation of the electoral system, voting rights, ballot access, election management bodies, election campaign, the division of the territory into electoral zones, the procedures for the registration of voters and candidacies, its financing and propaganda, voting, counting of votes, scrutiny, electoral disputes, electoral observation and all contentious matters derived from them. It is a discipline falling at the juncture of constitutional law and political science, and involves "the politics of law and the law of politics".
France's independent court system enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the ordinary or the administrative stream. Judicial appointments in the judicial stream must be approved by a special panel, the High Council of the Judiciary. Once appointed, career judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the council with due process.
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals.
The Roman Rota, formally the Apostolic Tribunal of the Roman Rota, and anciently the Apostolic Court of Audience, is the highest appellate tribunal of the Catholic Church, with respect to both Latin Church members and the Eastern Catholic members and is the highest ecclesiastical court constituted by the Holy See related to judicial trials conducted in the Catholic Church. An appeal may be had to the pope himself, who is the supreme ecclesiastical judge. The Catholic Church has a complete legal system, which is the oldest in the West still in use. The court is named Rota (wheel) because the judges, called auditors, originally met in a round room to hear cases. The Rota emerged from the Apostolic Chancery starting in the 12th century.
The judicial system of Turkey is defined by Articles 138 to 160 of the Constitution of Turkey.
The Supreme Court of Cassation is the highest court of appeal or court of last resort in Italy. It has its seat in the Palace of Justice, Rome.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A Supreme Court can also, in certain circumstances, act as a court of original jurisdiction, however, this is typically limited to constitutional law.
The courts of appeal are the main appellate courts in the judicial system of Belgium, which hear appeals against judgements of the tribunals of first instance, the enterprise tribunals and the presidents of those tribunals in their judicial area. There are five courts of appeal for each of the five judicial areas, which are the largest geographical subdivisions of Belgium for judicial purposes. The division of the Belgian territory into the five judicial areas is laid down in article 156 of the Belgian Constitution. A judicial area covers multiple judicial arrondissements ("districts"), except for the judicial area of Mons. Each arrondissement has a tribunal of first instance. Further below, an overview is provided of the five courts of appeal and the judicial arrondissements their judicial area covers. It is important to note that the courts of appeal do not hear appeals against judgements of the labour tribunals; these are heard by the courts of labour.
An administrative court is a type of specialized court on administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered separate from ordinary courts.
The Monegasque Supreme Court is the highest court of law in the city-state of Monaco for judicial appeals, administrative matters as well as ensuring the constitution of Monaco is upheld. It consists of three full judges and two assistant judges, appointed by the Prince of Monaco at the recommendation of the National Council of Monaco, the Crown Council, the Council of State, the Court of First Instance and the Court of Appeal. This is done in the ratio of one judge per institution. The Supreme Court was established in 1962 following the new constitution to guarantee fundamental liberties.
The Judiciary of Spain consists of Courts and Tribunals, composed of judges and magistrates (Justices), who have the power to administer justice in the name of the King of Spain.
The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out the country's judicial functions.
The judiciary of Italy is composed of courts and public prosecutor offices responsible for the administration of justice in the Italian Republic. Both bench judges and public prosecutor belong to the magistracy, that is to say a public office only accessible to Italian citizens who hold an Italian Juris Doctor and have successfully partaken in one of the relevant competitive public examinations organised by the Ministry of justice. The magistracy embodies the judicial power, one of the three independent powers of the State in which no hierarchy exists.
The judiciary of Belgium is similar to the French judiciary. Belgium evolved from a unitary to a federal state, but its judicial system has not been adapted to a federal system.
The judiciary of Luxembourg comprises a number of courts.
The judiciary of Saudi Arabia is a branch of the government of Saudi Arabia that interprets and applies the laws of Saudi Arabia. The legal system is based on the Islamic code of Sharia, with its judges and lawyers forming part of the country's religious leadership or ulama. There are also non-Sharia government tribunals which handle disputes relating to specific royal decrees. Final appeal from both Sharia courts and government tribunals is to the King of Saudi Arabia and all courts and tribunals follow Sharia rules of evidence and procedure.
The law of Cyprus is a legal system which applies within the Republic of Cyprus. Although Cypriot law is extensively codified, it is still heavily based on English common law in the sense that the fundamental principle of precedent applies.
Flavia Lattanzi is an Italian lawyer specialized in international law who is an ad litem judge at the International Criminal Tribunal for the former Yugoslavia (ICTY) since 2007 and professor at the Roma Tre University. Between 2003 and 2007, she served as an ad litem judge at the International Criminal Tribunal for Rwanda.
The Court of Audit is an Italian Court of Audit, an institution of constitutional importance, established by Articles 100 & 103 of the Constitution of Italy, which is among the supplementary institutions of the government. The Court of Audit has consultative, review, and jurisdictional functions.