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Justice and Law

CJL was born from the bottom, initially as a movement against injustices and abusesas and then became also a point of union between law and justice and the civilian population, to understand how both rules are applied and how decisions are made in a trial.
To know the reasons that led to the birth of the CJL, and therefore as a International Court of Justice and Law, a minimum knowledge of the Legal Systems is required. Legal systems are mainly divided into two systems: Civil Law (continental law) and Common Law (Commonwealth law).
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England, whose intellectual framework historically came from uncodified judge-made case law, and gives precedential authority to prior court decisions.
Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. It holds case law secondary and subordinate to statutory law.

Civil law is often paired with the inquisitorial system, but the terms are not synonymous.
There are key differences between a statute and a code. The most pronounced features of civil systems are their legal codes, with concise and broadly applicable texts that typically avoid factually specific scenarios. The short articles in a civil law code deal in generalities and stand in contrast with ordinary statutes, which are often very long and very detailed.
Civil law is primarily contrasted with common law, which is the legal system developed first in England, and later among English-speaking peoples of the world. Despite their differences, the two systems are quite similar from a historical point of view. Both evolved in much the same way, though at different paces. The Roman law underlying civil law developed mainly from customary law that was refined with case law and legislation. Canon law further refined court procedure.
Roman law had crystallized many of its principles and mechanisms in the form of the Justinian Code, which drew from case law, scholarly commentary, and senatorial statutes
Civilian case law has persuasive authority, not binding authority as under common law.
Codification, however, is by no means a defining characteristic of a civil law system.
The primary contrast between the two systems is the role of written decisions and precedent.
In common law jurisdictions, nearly every case that presents a bona fide disagreement on the law is resolved in a written opinion. The legal reasoning for the decision, known as ratio decidendi, not only determines the court's judgment between the parties, but also stands as precedent for resolving future disputes.

In contrast, civil law decisions typically do not include explanatory opinions, and thus no precedent flows from one decision to the next. In common law systems, a single decided case is binding common law  to the same extent as statute or regulation, under the principle of stare decisis. In contrast, in civil law systems, individual decisions have only advisory, not binding effect. In civil law systems, case law only acquires weight when a long series of cases use consistent reasoning, called jurisprudence constante. Civil law lawyers consult case law to obtain their best prediction of how a court will rule, but comparatively, civil law judges are less bound to follow it.
For that reason, statutes in civil law systems are more comprehensive, detailed, and continuously updated, covering all matters capable of being brought before a court.



The role of the OBSERVER

CJL was born in response to some scandals that emerged from judicial errors that favored multinationals and individuals with high social status thanks to extremely favorable sentences. it was necessary to ask what to do to ensure that "The law is the same for everyone and should be applied in the same manner to all." is not just a cliché.
From this need arises the idea of an independent and non-subject International Court of Justice that acts as guarantor for the protection of rights on the fundamental basis of people's equality, where "The law must be the same for everyone and should be applied in the same manner to all. All are equal before the law and are entitled without any discrimination to equal protection of the law.".

A conversion of the legal system from Civil to Common, or simply the adoption even partially or through a hybrid system, would require a reform of the integral justice making it impossible to maintain any judicial order by governments, creating a malus in the face of a forecast.

Aware of the fact that such a change would require a transformation that is in fact impossible, the CJL has established as a pivotal and fundamental figure that of "OBSERVER": an official member of the Court who attends the courtrooms, without intervening, with the aim of ensuring that the requirements adopted by the legal system of that particular country are respected. From the figure of OBSERVER are born the officials with specific offices, up to the prosecutors: jurists of undoubted morality and strong skills in judicial matters who through their work formulate sentences based on the Common Law system, relating the legal systems to each other through the sentences issued.


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