The Cartabia Reform the main new aspects in civil proceedings

The Cartabia Reform the main new aspects in civil proceedings

Starting on February 28th, 2023, the provisions introduced by Legislative Decree 149/2022, an implementation measure of the so-called Cartabia Reform, will apply to civil proceedings, well in advance of the previously scheduled date of June 30th. This reform has been one of the most debated topics in Italy in recent years. Promoted by Justice Minister Marta Cartabia, it brought about a series of important changes to the Italian judicial system with the aim of ensuring the simplicity, concentration and effectiveness of the protection of legal rights and the reasonable duration of proceedings.

In order to pursue these objectives, the Reform has established new general principles governing proceedings, giving more substance to principles that were previously very well-established jurisprudential concepts. In particular, in implementing the Reform, greater clarity and conciseness will be required in the acts and measures of the parties and the judge, and greater cooperation between them will be hoped for, all with a view to transparency and mutual loyalty. To give greater concreteness to the obligation of clarity and conciseness, the limits for the application of sanctioning instruments at the judge's disposal have been enlarged, for example with regard to the settlement of litigation costs, condemnation pursuant to Article 96 of the Code of Civil Procedure, the assessment of procedural behaviour, as well as the possibility of applying Article 164 of the Code of Civil Procedure, with the assignment of a peremptory term for the integration of the summons. However, as often happens, the codification of unwritten principles could cause quite a few jurisprudential frictions. 

The main innovation is clearly concerning the stages of ordinary civil proceedings, which affects all three of its phases: introductory, preliminary investigation and decisional. With regard to the former, the Reform has provided for a greater number of fulfilments on the part of the parties to be concentrated in the first hearing, so as to already define the thema probandum and the thema decidendum. A number of deadlines have also been renewed: a maximum of 90 days between the first hearing and the hearing for the taking of evidence, and the number of days that must elapse between the date of service of the summons and the date of the appearance hearing indicated in the summons itself has been extended from 90 to 120.

The reform legislature has provided that, under penalty of forfeiture, supplementary pleadings must be filed within the following time limits: the first pleading, at least 40 days before the date of the appearance hearing; the second pleading, at least 20 days before the date of the appearance hearing; and the third pleading, at least 10 days before the date of the appearance hearing. These time limits replace the previous 30 days for the first and second pleadings and 20 days for the third. 


In addition, there is also provision for the abolition of the hearing on the oath of the OTC (official technical consultant) and the specification of the conclusions, which will be replaced by an exchange of short written notes between the parties' defence counsels and cadenced by the judge's obligation to prepare the trial calendar at the first hearing.

The Cartabia reform also affects the decision-making phase and the final presentation of the case. The judge now has to grant the parties a time limit of no more than 60 days before the hearing to state their conclusions and no more than 30 and 15 days before the hearing to file the pleading and rebuttal. The final defence time is thus reduced and calculated backwards from the date of the decision. The decision is filed within 30 days after the final hearing.

These time limits, as for the pleadings pursuant to Article 183, paragraph 6, of the Code of Civil Procedure, have been changed compared to the previous rules which provided for the possibility for the parties to file, within 60 days from the date the case was submitted for decision, their final pleadings and within the following 20 days any replies to the counterparty's submissions and, in some cases, the judge could also set a shorter time limit for filing the final pleadings which, in any case, could not be less than 20 days.

With regard to the summary cognitive procedure governed by Articles 702 bis et seq. of the Code of Civil Procedure, it has been renamed as "simplified cognitive procedure" and is mandatory for any dispute, also within the jurisdiction of the panel, in cases where the facts of the case are not in dispute or the claim is based on documentary evidence or readily resolved or requires a non-complex preliminary investigation activity. Simplified measures for acceptance or rejection have been introduced for cases in which the substitute facts are proven and the defenses of the defendant appear clearly unfounded, or the claim is clearly unfounded, or the subject matter of the claim or the statement of the facts and elements underlying the claim are omitted or reluctant.

For proceedings before the Justice of the Peace, important novelties have been introduced, including the raising of the thresholds for lawsuits concerning movable property, up to €10,000, and compensation for damage caused by vehicles and watercraft up to €25,000. With regard to the changes introduced to the new summary cognitive procedure, known as the 'simplified cognitive procedure', which will come into force on June 30th 2023, the rite provided for in Article 702-bis et seq. of the Code of Civil Procedure will be mandatory for any dispute, even if it falls within the jurisdiction of the panel, if the facts in question are not contested or the claim is based on documentary evidence or simple to resolve, without requiring complex preliminary investigation activities.

The Cartabia Reform will also introduce changes to ADRs (arbitration, mediation and conciliation), which are no longer considered as alternative tools to litigation, but as complementary forms of jurisdiction. Among the main novelties are tax incentives to support mediation, the extension of the area of attempts at compulsory mediation and renewed regulations on mediators' training. 

Finally, new features concerning the appeal judgement will come into force, including the re-evaluation of the role of the investigating magistrate, the revision of the discipline of the 'filters' to the appeal, and the devolution of broad powers of direction of the proceedings to the magistrate. The decision that the appeal is manifestly unfounded is taken after oral argument, with a reasoned judgment and also with reference to conforming precedents. However, this novelty seems to further aggravate the duration of the proceedings, since it provides for the fixing of a hearing for discussion. 

Additionally, it is necessary to make even a brief mention of the important novelties introduced in criminal trials. The possibility of conducting the trial in an abbreviated manner, i.e. by shortening the trial stages, has been introduced for minor offences or for offences do not provide for imprisonment; moreover, the possibility of 'repairing' the damage, emotional & economic, inflicted on the victims by the offence itself has been provided for. In fact, the defendant and the victim, at special public facilities provided in certain centers set up at each Court of Appeal on a voluntary basis and under the guidance of mediators, will be able to participate in meetings to distance themselves from the crime in order to repair the damage caused. If the offence is prosecuted ex officio, a reduction of up to one third of the sentence is provided for. Offenders, after the meetings with the victims, can be assigned to outside work, obtain bonus permits and alternative measures to detention, as well as conditional release. While, if the crime is prosecutable on complaint, participation in the restorative justice table will close the process. 

In conclusion, the new provisions introduced by the Cartabia Reform make the Italian justice system more efficient, in an attempt to counteract the problematic delays that often-characterised proceedings. However, it is important to emphasise that the proper implementation of the reform requires an adequate investment in resources and personnel in order to ensure swift and fair justice for all. In addition, the success of the reform will depend on its practical implementation, and legal scholars and practitioners will need to evaluate future results to understand how it will affect the Italian justice system in the long run.

To stay updated on new legislation and learn more about the many new aspects of the Cartabia Reform, do not hesitate to contact info@dandreapartners.com

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