AN OUTLINE OF ITALIAN
JUDICIARY SYSTEM
Author: Avv. Carlo Poli
Annual Meeting AITC
September 4° and 5° 2009 Florence AITC
1
The Italian Civil Jurisdition
system
It consists of a series of courts and a body
of judges who are civil servants, is
unified, every court being part of the
national network.
2
The structure
- Justices of the Peace (Giudici di pace)
- Judges who operate in the Courts (Tribunali)
- Appeal Courts (Corti d’Appello
- The Supreme Court (Corte di Cassazione).
3
The Italian criminal legal system
involves
Judges, Courts and Assize Courts
(Corte d’Assise), which include
juries (Giudici Popolari).
4
The Italian Administartive
Jurisdition structure
 the the Administrative Regional
Tribunal (TAR)
 Council of State (Consiglio di Stato)
5
The reform of the Italian
Civil Code Procedure
6
The aim of reform
•To simplify and to rationalize the
Italian Civil Procedure.
•To ensure a better efficiency of the
judiciary
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The most important news
•the introduction of civil mediation;
•the introduction of a new Summary
Cognizance Trial;
•the elimination of the Company Procedure
(Rito Societario);
•the introduction of a new way of filtering cases
for the admissibility of the appeal to the
Supreme Court ;
8
The others news
• the measures of indirect coercion from the
model of the French Atreintes;
• the increase of the competence of the Justice
of the Peace;
• the introduction of Proceedings Calendar;
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The Italian Insolvency
system
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Before 2005
The Insolvency in Italy has been regulated
for more than 60 years by the Royal
Decree of March 16, 1942 no. 267.
11
After 2005
Between 2005 and 2006 in Italy
Bankruptcy Law underwent the most
radical reform ever introduced since 1942:
•legislative decree 14 March 2005, n. 35,
converted into Law 14 May 2005, n. 80,
•legislative decree 9 January 2006, n. 5.
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The Italian judicial debt
recovery system
13
Writ
a writ (precetto) can be issued
immediately by those who are in
possession of particularly strong
proof of the claim
14
The proofs of claim
•
•
•
•
•
•
a previously protested bill of exchange
a cheque
or
a sentence
a public notary acts
presented with an execution statement.
15
Case of non-payment
If the debitor does not pay after 10 days
from the receipt of the writ, the creditor
has the right to ask the bailiff for the
distraint of the debtor’s assets until
his/her claim, including interests, expenses
and legal fees, has been satisfied.
16
Outline about the
injunction procedure.
17
The proofs to obtain injunction
decree
Documentary evidence such as
invoices or authentic extracts of
the VAT register;
18
For any further inquiry,
please do not hesitate to contact
Avv. Carlo Poli
e.mail address: c.poli@studiolegalepoli.com
Tel: + 39 055.2469122 – Fax: + 39 055.2476330
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Thank you for your attention
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