RESOLUTION DH (97) 336
HUMAN RIGHTS
LENGTH OF CIVIL PROCEEDINGS IN ITALY:
SUPPLEMENTARY MEASURES OF A GENERAL CHARACTER
(Adopted by the Committee of Ministers on 11 July 1997
at the 597th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Articles 32 and 54 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Stressing the necessity for all Contracting States to take rapidly all the measures required in order to prevent new violations of the Convention similar to those established in the judgments of the European Court of Human Rights and in the decisions of the Committee of Ministers;
Bearing in mind the measures adopted by Italy between 1990 and 1995 in order to conform to the numerous judgments of the Court and decisions of the Committee of Ministers finding violations of Article 6, paragraph 1, of the Convention on account of the excessive length of civil proceedings, which measures were summarised in the resolution adopted by the Committee of Ministers in the context of its supervision of the execution of the Court's judgment in the Zanghì case (Resolution DH (95) 82) and which have subsequently been accepted as adequate execution measures in all cases examined until the 585th meeting of the Ministers' Deputies (held in March 1997);
Finding that, notwithstanding the adoption of these measures, the number of violations of Article 6, paragraph 1, has not yet decreased;
Having invited the Government of Italy to inform the Committee of Ministers of the supplementary measures envisaged in order to remedy this situation;
Noting with satisfaction that the Government of Italy has declared that new measures have been adopted and that others are planned in order effectively to prevent new violations (see notably those mentioned in the appendix to the present Resolution);
Considering that excessive delays in the administration of justice constitute an important danger, in particular for the respect of the rule of law,
Decides to resume the examination of the reforms required in order to solve the problem posed by the length of civil proceedings in Italy and, consequently, to maintain the cases relating to this problem on its agenda until the implementation of these reforms.
Appendix to Resolution DH (97) 336
Information provided by the Government of Italy
during the examination by the Committee of Ministers
of the supplementary measures to be adopted
in order to solve the problem of
the length of civil proceedings in Italy
In the course of 1996 numerous legislative initiatives have been taken by the Minister of Justice in order to reduce the length of proceedings in civil cases.
The reforms will act on two levels: on the one hand they will ensure the liquidation, in accordance with a fixed plan, of the backlog accumulated over the years, on the other they will introduce structural changes in the legislation and in the organisation of the courts so as to diminish progressively the average length of civil proceedings.
Among the first group of reforms the government would cite a bill (No. 954/S) creating provisional court chambers composed of honorary judges. These judges will act as single judges to decide cases brought before the reform. In order to increase the productivity of these honorary judges, they will receive an indemnity proportionate to the number of hearings held and judgments rendered. The practical implementation of this reform is to begin in the autumn of 1997.
As regards the structural measures the government brings to the attention of the Committee of Ministers the legislative initiative presently under consideration according to which the competence of the single judge would be further strengthened at first instance and a number of further rationalising measures undertaken. This project is discussed in the context of the Delegation Act to the Government (No. 1245/S). The reform could enter into force in the course of 1998.
The government also stresses that the reforms of the Code of Civil Procedure undertaken between 1990 and 1995, referred to in the Committee of Ministers' Resolution in the Zanghi case (Resolution DH (95) 82), have introduced a certain number of innovations into Italian law in order to render the administration of justice more efficient, the effects of which will only be felt in the long term. Reference is notably made to the possibility of ordering different interim measures before the final judgment and to the possibility of making judgments of first instance enforceable notwithstanding an appeal.
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