Judgment Reviews Law at San Marino
San Marino, a landlocked microstate completely surrounded by Italy, has a legal system based on Roman civil law, and its judicial review process is distinct from those found in larger nations. The system is designed to provide multiple levels of review to ensure the correctness and fairness of judgments.
Structure of the Judiciary
The judicial system of San Marino is structured as follows:
Single Court: This is the court of first instance and is divided into civil, criminal, administrative, and family law sections. The judges in this court are often not San Marino citizens, a practice intended to ensure impartiality.
Court of Appeal: A party who is dissatisfied with a decision from the Single Court can appeal to this higher court.
The Council of Twelve (Consiglio dei XII): This body serves as the supreme court for the Republic. It is the final court of appeal and has jurisdiction over third-instance appellate matters.
Types of Review
The primary mechanisms for the review of judgments in San Marino include:
Ordinary Appeal: A party to a case can appeal a first-instance judgment to the Court of Appeal. This appeal allows for a re-examination of both the facts of the case and the application of the law. The Court of Appeal can either uphold, modify, or overturn the initial decision.
Extraordinary Remedies: For certain cases, particularly those that have already been through the appeal process, a party can seek extraordinary remedies. These are handled by the Judges of Extraordinary Remedies and are generally limited to specific legal grounds, such as a dispute between civil, criminal, and administrative jurisdictions or a request for a review of a criminal judgment based on new evidence.
Constitutional Review
The highest court in matters of constitutional law is the Guarantors' Panel on the Constitutionality of Rules. Established in 2002, this body's main functions are to:
Review the constitutionality of laws: The Panel can decide on the constitutionality of a law or administrative act upon the request of a judge, a number of parliamentarians, or the government.
Resolve conflicts of jurisdiction: It has the power to resolve disputes over competence between the different constitutional bodies of the state.
International Scrutiny
As a member of the Council of Europe, San Marino is also subject to the jurisdiction of the European Court of Human Rights (ECHR). A person who has exhausted all domestic legal remedies in San Marino can bring a case to the ECHR if they believe their human rights, as protected by the European Convention on Human Rights, have been violated. The ECHR has issued judgments concerning San Marino, particularly on issues related to the right to a fair trial and access to court.
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