Judicial reform is a key part of the National Plan for Recovery and Resilience, Italy’s reform package adopted in the context of the Next Generation EU program. Marta Cartabia, Italian minister of justice, formed three expert committees to work on the main pillars of the reform: civil litigation and alternative dispute resolution, criminal proceedings, and the high council of the judiciary.
Below are summaries of the main changes that are expected to become law by autumn.
1. Civil Litigation and Alternative Dispute Resolution
The main goal of the civil litigation and alternative dispute resolution reform is to speed up civil proceedings and increase judicial efficiency through the following steps:
2. Criminal Proceedings
The proposal for reform of criminal proceedings likewise pursues the goal of reducing the duration of proceedings and increasing judicial efficiency, but also stresses the importance of respecting fundamental rights, due process, and the principle of resocialization. The key features of the reform are:
3. Concluding Remarks
The two reports, on civil litigation and alternative dispute resolution and criminal proceedings, contain an extensive list of proposals for the reform of various substantive and procedural provisions aimed at tackling inefficiencies in the Italian judicial system that negatively influence foreign investment and economic growth. While reforming the judiciary is not merely a matter of black-letter law, Minister Cartabia’s proposal seems to be a very good step in the right direction.