The recently formed Letta government has issued its first regulation aimed at restarting the Italian economy. This new regulation also concerns the field of justice, since it has several things to say regarding legal proceedings and the reduction of related expenses.
In this brief alert we will focus on Law Decree no. 69/2013 (the “Decree”) issued on June 21, 2013 and in force since June 24, 2013. Significantly, insiders have named it “Decreto Fare”, suggesting that its aim is to put in place tangible and productive measures.
The most relevant rules regarding justice pertain to:
In addition, it is set forth that if, during the challenge proceedings, the judge decides to grant the immediate enforceability of a court order of payment that was not already enforceable when it was issued, then he must make such a decision at the first hearing. Previously lacking such an amendment, judges generally used to grant the enforceability after the first hearing. The new rule is clearly aimed at allowing creditors to start the collection of debt in advance and should therefore be welcomed.
Also, the mandatory mediation will only be applicable 30 days from the issuance of the confirmation Law of the Decree.
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We will see whether such innovations will be confirmed by the confirmation Law and, if so, whether they will lead to tangible results. One thing remains certain: although the new rules have been greeted differently by insiders, the fact that something has been done to render Italian trials more compliant with the EU demand for their expedition has to be welcomed.