Deputy Head of the Court
Fabio Giovagnoli
Curriculum Vitae
In the experience gained, he has devoted his primary attention, in the various bodies of which he is a member, to the full protection of democratic institutions and fundamental guarantees by providing, according to a comparative study perspective, technical contributions aimed at the recognition and consolidation of the Rule of Law, also proposing new perspectives in the protection of the peculiarities of the micro state.
European Commission for Democracy through Law (c.d. Venice Commission)
He is a San Marino member of the European Commission for Democracy through Law (c.d. Venice Commission). In this context, it contributes actively to all the tasks and technical contributions periodically requested by the Agency for the adoption of all the documents of competence, constantly used for the international advisory and evaluation activity of other countries, as well as personal participation in the work of the annual plenary sessions.
His work is primarily focused on issues relating to constitutional justice, the judicial system and the rule of law.
CCJE - Consultative Council of European Judges
He is a member of the Advisory Council of European Judges from San Marino. In this context, it contributes actively to all the tasks and technical contributions periodically requested by the Agency for the adoption of all the relevant advisory acts, constantly used for the assessment of Council of Europe member countries, as well as personal participation in the work of the annual plenary sessions.
It is worth noting in particular the forwarding of technical contributions on behalf of the Republic prodromic to the adoption of opinion n. 24 (2021) and opinion n. 25 (2022) and respectively related to the evolution of the Judicial Councils and the freedom of thought and expression of judges, as well as the personal intervention made during the work of the 2022 Plenary Assembly for the presentation of the recent reforms of the San Marino ordinances.
CDCJ - European Committee on Legal Cooperation
He is a San Marino member of the European Committee for Legal Cooperation. In this context, it provides for the examination, even comparative, of the various topics entrusted to the Agency, also with a view to international cooperation. It also contributes actively to all the tasks and technical contributions periodically requested by the body for the adoption of the acts of competence, as well as personal participation in the work of the annual plenary sessions.
Judicial tasks
Deputy Head of the United Court of the Republic of San Marino.
He carries out activities of direction and coordination in the capacity of deputy of the Single Court of the Republic of San Marino in substitution of the Head of the Court, according to art. 14 c.5 of the constitutional law 7 December 2021 n. 1.
Commissioner of the Law at the Single Court of the Republic of San Marino.
Applied mainly to the ordinary civil and administrative jurisdiction, he has accumulated over the years a solid and diversified experience in the exercise of all jurisdictions.
In particular, the following topics are covered on a daily basis:
civil law with particular reference to the fundamental rights of the person, to the profiles of contractual responsibility, non-contractual, status and capacity of persons (both in voluntary jurisdiction and in litigation), labour law, family and juvenile law, means of preservation of the guarantee, trust etc;
bankruptcy law, with particular reference to the main institutions involved in insolvency proceedings in the San Marino legal system. From judicial assistance, to voluntary transfer of assets, to proposals for agreements and procedures for moratoriums, as well as the resolution of states of temporary crisis, even in relation to transnational business groups etc.;
to administrative law with particular regard to the primary aspects relating to the control of legality of acts rendered by the public administration in several areas (public service, procurement, urban planning, etc.), as well as the protection of individual rights in the exclusive jurisdiction. Unpublished profiles in banking were also treated, with regard to the control of legality against acts adopted by public authorities;
to criminal law, with particular regard to the profiles and competences relating to the duties of Law 21 July 2008 n. 98.
Institutional tasks
Auditor of the Regency
He is designated as the Auditor of the Regency, providing assistance to Their Excellencies in the delicate and confidential performance of the duties of Their Office.
Central Authority for the Republic of San Marino pursuant to the Convention on the Civil Aspects of International Child Abduction, made in The Hague on 25 October 1980.
The Central Authority for the Republic of San Marino.
Member of the Judicial Council
He was elected by the magistrates as their representative within the Judicial Council thus established following the reform of the Constitution introduced by constitutional law 7 December 2021 n. 1.
In this place it deals with all the institutional tasks devolved to the Judicial Council on the basis of the recent constitutional reform.
In particular, it should be noted that, in accordance with the constitutional decree, since its establishment, the Judicial Council has commissioned it to participate in a restricted delegation both in the drafting of the Code of Ethics for San Marino magistrates (adhering to the most modern ethical standards), as well as the Rules of Procedure of the Judicial Council.
National technical committees for the monitoring of supranational bodies
He has been a member of several national technical committees during the various monitoring activities carried out by supranational bodies, both on site and at European sites.
These participations have involved the examination and preparation of all technical tasks subject to analysis, in agreement with the institutions of San Marino, as well as the preparation of technical documents to be submitted to the monitoring activity.
Some recent reports are not exhaustive:
year 2022 - Member of the national technical committee for monitoring activities of the Parliamentary Assembly of the Council of Europe;
year 2022 - Member of the national technical commission for monitoring activities of the CPT (European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment);
year 2022 - Member of the national technical committee for monitoring activities of GRECO (Group of States Against Corruption).
National technical committees for legislative reforms
He has been a member of several national technical committees responsible for the preparation of legislative or regulatory reform texts.
These participations have involved the examination and preparation of all modifications, also in terms of comparison with other legal systems, by means of a continuous comparison with all the institutional entities involved.
Some recent reports are not exhaustive:
year 2023 - Member of the technical committee for the preparation of the evaluation criteria of professionalism of the San Marino magistrates;
year 2021 - Member of the technical committee for the preparation of the code of ethics of magistrates of San Marino;
year 2021 - Member of the technical committee for the preparation of the Internal Rules of the Judicial Council;
year 2020 - Member of the technical commission for the preparation of the intervention of constitutional reform of the San Marino Judicial System;
year 2019 - Member of the technical committee for the preparation of the intervention to reform the law on trust and entrustment.
Other activities carried outConferences and seminars
He is a speaker both in San Marino and abroad of conferences and seminars, related to both civil and bankruptcy law, some of which are also of international importance.
Contract teaching
He has held several contract lectures both at the University of San Marino and in private institutions.
Chairmanship of the national committees for the qualification to exercise the professions
He has chaired several national commissions in San Marino, enabling the practice of both the profession of lawyer and notary and that of chartered accountant.