Lawyer Monthly Magazine -December 2019 Edition

mandatory dispute resolution processes. As a result, Italy recently ranked among the most virtuous EU member States in reaching a rate of resolving civil and commercial cases as compared to the number of incoming cases (105%). While the reputation of the Italian judicial system is still negative, arbitration continues to represent an efficient and timely method to resolve civil and commercial disputes. Unlike in many other jurisdictions, however, the Italian Code of Civil Procedure does not yet allow to apply for interim measures of protection before an arbitral tribunal. Unless otherwise provided by law, arbitrators are prevented from granting injunctive relief, thus forcing the parties of arbitral proceedings to apply The Court of Cassation, however, cannot overrule the interpretation of the facts and the evidence gathered by the court of first and second instance. The Constitutional Court is competent, among others, to rule on disputes relating to the constitutional legitimacy of law and enactments having the force of law adopted by the State and the Regions. How efficient is this system? The Italian system of civil justice is generally regarded as inefficient, largely because of the huge backlog of cases before courts and excessive delays in civil and commercial proceedings. Even though the length of such proceedings remains substantially higher if compared to the average of other European countries, the Italian judiciary has eventually adopted a reform that improved, to a certain extent, the dispute resolution process. This goal was achieved through a reorganisation of the Italian judicial system and the adoption of new best practices in case management, including e-filing of judicial documents in civil matters and the introduction of certain How is the Italian court system structured? The Italian judicial system is administered in the name of the people, and the judges are subject only to the law. The judiciary is made up of several courts, which exercise jurisdiction on ordinary, administrative, accounting, tax and military matters. The courts of first instance exercise ordinary jurisdiction in civil and criminal matters, along with the Courts of Appeal and the Court of Cassation. The courts of first instance include the justice of peace, a monocratic non- professional judge, juvenile courts, supervisory courts and ordinary courts. Ordinary courts, consisting of a sole judge or a panel hear a broad range of disputes, including those on real estate and family matters, and may grant interim measures of relief. Some large district courts of first instance have special divisions for matters such as intellectual property, competition and corporate matters. The judgments of the courts of first instance may be appealed before the higher competent courts; hence, for instance, the courts of appeal may re-examine the judgments of the courts of first instance, whereas the courts of first instance may hear appeals against the decisions of the justice of peace. The jurisdiction on the legitimacy of judgements is exercised by the Court of Cassation, the Italian highest body of jurisdiction on civil and criminal matters, which ensures the uniform interpretation of the law and rules over conflicts of jurisdiction, including those with administrative courts. LITIGATION What Is the Italian Court System Like? Is the Italian Court system efficient? Does it differ in any way to other EU court systems or does it set precedent for other jurisdictions? We speak to expert Daniele Ferretti who shares his knowledge on his country’s legal structure. 66 WWW.LAWYER-MONTHLY.COM | DEC 2019 Expert Insight By Avv. Daniele Ferretti, Esq., Ferretti Firm “Italy recently ranked among the most virtuous EU member States in reaching a rate of resolving civil and commercial cases as compared to the number of incoming cases (105%).”