Elements of Procedural Law and Translation in civil and criminal trials
- Overview
- Assessment methods
- Learning objectives
- Contents
- Full programme
- Delivery method
- Teaching methods
- Contacts/Info
Modulo A) - prof. Ruggieri
No special knowledge is required, apart from the proficiency in one or two official languages of the European Community
Module B) – prof. Motto
None
Modulo A) - prof. Ruggieri
Unless explicitly requested for an oral test, the written test with open questions is designed to check knowledge of the institutions of the process and the ability to correctly translate a European Union text from an EU language (chosen by the student) into Italian
Modulo B) - prof. Motto
The assesment of knowledge is in oral form.
The student will have to demonstrate 1) the essential knowledge of the Italian civil process and specialist terminology 2) the ability to translate into Italian an English text (one of those above indicated) in the field of civil procedural law. Exam will be approved with a minimum mark of 18/30 on both parts.
Modulo A) prof. Ruggieri
Allow the student to face, autonomously with the help of computer tools, the translation into Italian of a text dealing with criminal proceedings.
Module B) - prof. Motto
The module on civil procedure is aimed at providing a basic knowledge of Italian civil trial and to learn the meaning of technical terms used by Legislation on civil proceedings. The student will acquire the ability to translate in a proper and correct manner from a foreign language or into a foreign language a text in civil proceedings matter.
Modulo A) - prof. Ruggieri
Subject of the course are institutions and terminology of criminal procedure in different legal systems and (consequently) according to different languages: depending on the languages known by the participants will certainly deepen a common law system (England and/ or USA) and some civil law countries (choosing between Italy and/or Spain, France and Germany).
Module B) - Prof. Motto.
The module on civil procedure is divided in two parts: 1) General and introductory part (approximately 5 hours): Civil disputes and their resolution. Judicial protection of rights and jurisdiction in the Constitution. The Code of Civil Procedure. The forms of protection (declarative, enforcement, provisional). Notes on the progress of the cognition process and of the enforcement process. 2) Special part (approximately 5 hours): Translation and analysis in the English text of Regulation (EU) 1215/2012 of the European Parliament and of the Council on Jurisdiction, Recognition and Enforcement of Judgments in Civil and Commercial Matters. Translation and analysis in the English text of Regulation (EC) 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure. Translation and analysis in English text of one or more arbitration rules set up by international arbitration chambers.
Modulo A) - prof. Ruggieri
The course will deal with the models of the criminal trial (accusatory, inquisitorial) and the subjects of the trial: the public ones (police, prosecutor, judge) and the private ones -defendant, offended persons, civil party. It will also focus on the different stages of the process (investigation, trial appeals) dwelling also on special judgments (e.g., plea bargaining).
For translations, there will be a focus on Council Regulation (EU) 2017/1939 of October 12, 2017 on the implementation of enhanced cooperation on the establishment of the European Public Prosecutor's Office (“EPPO”) and its implementing measures
Modulo B) - prof. Motto
see section contents
Modulo A) - prof. Ruggieri
Each lesson will be divided into two parts: one dedicated to the explanation of the legal institutions of the criminal process; the other to the imprint translation of a text of the European Union. (in particular with regard to the European public prosecutor).
Module B) – prof. Motto.
Lectures. During the lessons the student's active participation is planned; in particular, students will be requested to translate the legal texts which will be analyzed.
Modulo A) - prof. Ruggieri
OTHER INFORMATION
The lecturer is available before or after class.
Any additional needs (e.g., for thesis information) can always be represented by contacting the lecturer directly via e-mail.
Modulo B) - prof. Motto
a) Students are recommended to sign up on e-learning university platform in order to receive all the communications needed to take part to the online lessons (including, as the case may be, the Teams link)
b) Meetings student-professor: see professor’s personal web page.
c) Professor’s e-mail: alessandro.motto@uninsubria.it