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New attempt at judicial reform

Mediation, international arbitration

New attempt at judicial reform

With the ambitious goal of cutting the average biblical length of trials in Italy by 40%, a new attempt to reform Italian civil procedure is currently being decided (Riforma Cartabia). The ordinary procedure is to be brought into line with German legal practice, in which the statement of claim is to be submitted conclusively with all means of attack and offers of proof, the same applies to the statement of defence, so that later submissions can be excluded and the judge - which would be revolutionary in Italy - could decide already after the first oral hearing.

According to the German model, in the case of default - if the defendant does not defend himself - the plaintiff's submission is to be considered admitted. Compulsory mediation before filing a lawsuit is extended to many areas of law, such as the contract for work and labour, franchising, the law of partnerships, etc. The special types of proceedings in labour law are also covered. The special types of proceedings in labour and family law are also to be simplified.

Criminal justice is also in need of reform. 9 % of prosecuted criminal offences become time-barred in the course of proceedings.