This week, students in the Comparative Law of Institutional Communication course will have the opportunity to analyse the role of the amicus curiae before constitutional and supreme courts, as well as the European Court of Human Rights. Leading the discussion will be Rachele Bizzari, postdoctoral fellow in Comparative Public Law at the University of Siena and member of the teaching staff for the ProStEUVa project.
Through an exploration of the origins of the amicus curiae and its evolution from late medieval England to the United States, students will gain insight into the relationship between courts and civil society. This analysis will help them contextualize the judiciary’s evolving functions and its role within legal systems. By combining legal studies with perspectives from political sociology and political science, the ultimate goal is to understand the role of civil society in judicial processes – highlighting both its benefits and challenges for decision-making and, ultimately, the legitimacy of both national and supranational courts.
The first lecture will introduce students to the institution of amicus curiae, with the aim of illustrating how this term today refers to non-governmental organizations, non-profit entities, human rights clinics, and interest groups that participate in legal proceedings by submitting written briefs and, in some cases, intervening orally during discussions. The analysis will focus on the U.S. case, with references to the evolution of the institution in English law and the recent introduction of amici curiae before the Italian Constitutional Court. The goal is to understand that the openness of the courts to civil society reflects the growing significance of the judicial forum, particularly in light of the crisis of political representation and the emergence of new rights and new demands for justice.
In the second lecture, the focus will be on the Strasbourg Court, where amicus curiae – referred to as third-party interventions in the conventional system – have become increasingly common. The role of civil society before the European Court of Human Rights will be examined through the lens of transnational advocacy networks, both liberal and conservative, which have broad political and legal agendas that extend beyond national borders. The discussion will cover topics such as the rise of civil rights movements, the development of transnational civil society, and cross-judicial fertilisation.
Lectures will take place on Tuesday, April 1, at 3.45 PM in room E1 at Polo Piagge and on Wednesday, April 2, at 12.15 PM in room 1 at Palazzo La Sapienza.
