| Ministero della Giustizia | |
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| Agency overview | |
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| Formed | 1861 |
| Jurisdiction | Government of Italy |
| Headquarters | Via Arenula, 70 Rome |
| Website | www |
The Ministry of Justice of Italy (Italian : Ministero della Giustizia) is a department of the government of Italy. Headquartered in Rome, [1] headed by the political official who serve as Minister of Justice.
In Italy, there is no strict equivalent of an Attorney General and all comparisons risk being misleading due to the differences in the constitutional and legal systems. As a result, the very approximate equivalent of a U.S. Attorney General would be the Ministro della Giustizia who is a member of the government and head of the Italian Department of Justice. Also, the English Attorney General has no direct equivalent—as the function of legal adviser to the government does not exist as such, and part of its responsibilities are in the Avvocato Generale dello Stato, who is in charge of representing the State in any civil, criminal or administrative lawsuit, but not in charge of prosecution.
Prosecution in Italy enjoys constitutional independence from the Government, and is entrusted to a district attorney, the Procuratore della Repubblica (one for every ordinary court), the Procuratore Generale (every Court of Appeal), the Procuratore Distrettuale Antimafia, the Procuratore Generale (Court of Cassation) and the Procura Nazionale Antimafia.
The Italian Ministry of Justice is the ministerial department of the Judicial branch of the Italian government. The Ministry of Justice is the department in power in regards to the formulation of judicial policies. The department is led by the elected Minister of Justice. [2] [ circular reference ]The Minister of Justice is a senior member of the cabinet. Currently, the position is held by former prosecutor Carlo Nordio.
The Ministry of Justice is led by two fundamental functions that are enumerated in the Italian Constitution: the organization of the services related to the judiciary and the responsibility to take disciplinary actions against a judge. [3] All other functions are detailed through ordinary state laws. Article 110 of the Italian Constitution explicitly states that the organization and operation of services concerned with the administration of law are entrusted to the Minister of Justice. [4] The minister is entrusted by the parliament as well as the council of ministers, to carry out the administration of correct governance as a means of checks and balances in the country. [5] He also has the power of legislative initiative and the competence to create or remove judiciary. [6]
The Ministry of Justice carries out its fundamental functions within the central structures, such as Rome, and in the judicial offices, tribunals, and courts. [7] The judicial courts are composed of a chief magistrate and a court manager. [8] The chief magistrate heads the judiciary and has the last say on judicial office decisions. The court manager serves as internal assistance to the judge and public prosecutors. The Italian judiciary is divided into three departments: inferior courts, intermediate appellate courts, and courts of last resort. [9] The vertical and hierarchical structure of the courts of the judicial system is mitigated by the esteemed judges and prosecutors of the Superior Council of Magistrates.
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with others. The typical division into three branches of government, sometimes called the trias politica model, includes a legislature, an executive, and a judiciary. It can be contrasted with the fusion of powers in monarchies, but also parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative.
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.
The judiciary of South Africa is the body of judges and magistrates who sit in the courts of South Africa. The judiciary is an independent branch of the government, subject only to the Constitution of South Africa and the laws of the country. The Judiciary interprets the law of South Africa, using as the basis of its interpretation the laws enacted by the South African Parliament as well as explanatory statements made in the legislature during the enactment.
The judiciary of Portugal is a system of courts that together constitute one of the four organs of Sovereignty as defined by the Portuguese Constitution. The courts are independent from the other three Portuguese organs of Sovereignty.
The Supreme Court is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 to replace —in all matters that affected justice— the System of Councils, and currently regulated by Title VI of the Constitution of 1978, it has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding illegalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.
The Ministry of Defence is the government body of the Italian Republic responsible for military and civil defence matters and managing the Italian Armed Forces. It is led by the Italian Minister of Defence, a position occupied by Guido Crosetto since October 2022.
The Public Prosecution Service is the body of the Judiciary of Portugal responsible for the public prosecution and the representation of the State before the courts. It is an hierarchic organized body, composed of magistrates and headed by the Procurador-Geral da República.
The judiciary of the Republic of Chile includes one Supreme Court, one Constitutional Court, 17 Courts of Appeal, 84 Oral Criminal Tribunals and Guarantee Judges; 7 Military Tribunals; over 300 Local Police Courts; and many other specialized Tribunals and courts in matter of family, labor, customs, taxes, electoral affairs, etc.
The judiciary of Italy is composed of courts responsible for interpreting and applying the law in the Italian Republic. Magistracy is a public office, accessible only to Italian citizens who hold an Italian Juris Doctor and have successfully participated in the relevant competitive public examination organised by the Ministry of justice. The judicial power is independent and there is no internal hierarchy within. Italian magistrates are either judges or public prosecutors.
Benedetto "Nitto" Francesco Palma is an Italian politician and magistrate. From July to November 2011 he served as Minister of Justice in the Berlusconi fourth government.
The Ministry of Economy and Finance, also known by the acronym MEF, is a ministry of the Italian government. Its responsibilities include overseeing economic policy, public investments and spending. The Ministry's headquarters are located in Rome's historic Palazzo delle Finanze. The current minister in the Meloni Cabinet is Giancarlo Giorgetti.
The National Judicial Appointments Commission (NJAC) was a proposed body which would have been responsible for the recruitment, appointment and transfer of judicial officers, legal officers and legal employees under the government of India and in all state governments of India. The commission was established by amending the Constitution of India through the 99th constitution amendment with the Constitution (Ninety-Ninth Amendment) Act, 2014 or 99th Constitutional Amendment Act-2014 passed by the Lok Sabha on 13 August 2014 and by the Rajya Sabha on 14 August 2014. The NJAC would have replaced the collegium system for the appointment of judges as invoked by the Supreme court via judicial fiat by a new system. Along with the Constitution Amendment Act, the National Judicial Appointments Commission Act, 2014, was also passed by the Parliament of India to regulate the functions of the National Judicial Appointments Commission. The NJAC Bill and the Constitutional Amendment Bill, was ratified by 16 of the state legislatures in India, and subsequently assented by the President of India Pranab Mukherjee on 31 December 2014. The NJAC Act and the Constitutional Amendment Act came into force from 13 April 2015.
The Direzione Investigativa Antimafia (DIA), also known as the Anti-Mafia Investigation Division, is an Italian multi-force investigation body under the Department of Public Security of the Ministry of the Interior. Its main task is the fight against the mafia-related organized crime in Italy.
In French law, the ministère public or le parquet is the authority charged with defending the interests of society and of the application of law. It is primarily made up of magistrates, but is sometimes represented by other persons such as police officials. Its magistrates can be referred to as "standing" magistrates, as opposed to magistrats du siège. Its closest equivalent in some English-speaking countries is the director of public prosecutions and the attorney general in others.
The High Council of the Judiciary is an Italian institution of constitutional importance, which regulates the Ordinary Judiciary of Italy. The High Council is based in the Palazzo dei Marescialli, in Piazza Indipendenza 6.
The Attorney General of the State(Spanish: Fiscal General del Estado), or also, Prosecutor General, is the head of the Prosecution Ministry, the body with functional autonomy in the Judiciary, that has constitutionally been entrusted with the promotion of the action of the justice in defense of the legality, protecting citizens rights and the public interest, and ensuring the independence of the courts and to seek the satisfaction of the social interest.
The Prosecution Ministry is a constitutional body integrated into the Judiciary of Spain, but with full autonomy. It is entrusted with defending the rule of law, the rights of the citizens, and public interest, as well as watching over the independence of the courts of justice.
A Ministry of the Republic of Italy is an administrative organ of the Republic of Italy, placed at the top of Italian public administration and is characterised by one or more specific competencies, with an organised structure, often varying over time.
The Judiciary of Cambodia is independent from the rest of the government of Cambodia, as specified by the Cambodian Constitution. The judiciary follows civil law tradition, the instruction being entrusted to a judge and the prosecutors contenting themselves with requesting the application of the law.
The Council of the Military Judiciary, also known as CMM is the self governing body of the Italian military judiciary. The seat of the council is located in Palazzo Cesi, Rome.
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