The reform complicates a whole series of obligations especially for lawyers
Everyone called it the government of the best, but in reality – in some respects – it was perhaps that of the worst. I’m talking about the Draghi government, the one that – between super green passes and various things – has also completed the reform of both the criminal and civil trials. From 28 February of this year, in fact, four months earlier than originally planned, the reform of the civil trial entered into force “Cartabia“, named after the former Minister of Justice of the previous executive. On Parliament’s enabling law No. 206/2021, the Draghi government then adopted Legislative Decree No. 149 of 10 October 2022, implementing the parliamentary delegation. A few days before the settlement of the Meloni executive.
In essence, this is a totally useless reform. Instead of making life easier for judges and lawyers, the reform complicates a whole series of tasks especially for lawyers. An example above all, the drafting of the new writ of summons. The new article 163 cpc provides for a series of mandatory indications to be inserted within the introductory deed which do nothing but weigh down the deed itself without achieving any concrete purpose. I am thinking for example of the obligation for the plaintiff to indicate, among the warnings to the defendant, that the technical defense is mandatory (what is the use?), or the clear and specific indication of the legal elements (as if the law was decided by the parties and not the judge) or even the necessary indication whether or not the conditions of admissibility were fulfilled if these were mandatory, such as for example mediation or assisted negotiation (on these he always and checked the judge anyway, so it’s a waste of time). Not to mention the new simplified process introduced by art. 281 decies et seq. cpc, which is introduced with an appeal but with “ordinary” knowledge (no longer “summary” as was the precedent provided for by art. 702 bis cpc, which had worked very well). But these are just a few examples, there are many more critical issues.
To explain the main ones, the lawyer Giuseppe Palma thought about it in his booklet of essential content, published on Amazon only in e-book format, entitled “Criticism of the Cartabia reform of the civil process. The main critical aspects “. A job to which I too contributed, in the drafting of the common articles, but which the booklet has now made much more effective. Certainly minimal work, but above all useful for the legislator and the government to run for cover. As it is is, in fact, the reform can not work Sign up for the newsletter