Civil Procedure Code at Italy
In Italy, civil litigation is governed by the Codice di Procedura Civile (Code of Civil Procedure), which was enacted in 1940 and has undergone several reforms to enhance efficiency and accessibility. The most recent significant reform is the Cartabia Reform, implemented through Legislative Decree No. 149/2022, which entered into force on March 1, 2023. This reform aims to streamline civil proceedings, reduce delays, and promote digitalization within the judicial system. (Reform of the Italian Code of Civil Procedure: Initial thoughts a few weeks after taking effect - Portolano Cavallo)
⚖️ Key Features of the Italian Civil Procedure Code
1. Simplified Procedure
The reform introduced a simplified procedure (Article 281-decies), which is now applicable even in the absence of typical prerequisites, such as cases with non-controversial facts or decisive documentary evidence. This procedure can also be adopted in oppositions to enforcement, enforcement acts, and injunctive decrees. The simplified procedure aims to expedite proceedings and reduce the burden on the courts. (New amendments to the Code of Civil Procedure: innovations to the Cartabia Reform)
2. Enhanced Digitalization
To promote digitalization, the reform emphasizes the use of certified electronic mail (PEC) for communications and notifications. Article 149-bis of the Code of Civil Procedure establishes that the moment of completion of service is determined when the electronic document is handed over to the bailiff and, for the addressee, when the delivery receipt is generated by the relevant electronic mail operator or qualified certified electronic delivery service. (New amendments to the Code of Civil Procedure: innovations to the Cartabia Reform)
3. Preliminary Verifications
The reform has maintained a general structure similar to the previous version introduced by the Cartabia Reform, albeit with certain changes. When, following the preliminary verifications, it is necessary to postpone the first hearing, the judge carries out a new verification of the preliminary issues at least 55 days before the hearing itself. If no such measures are necessary, the judge confirms or postpones the first hearing, informing the parties of any issues that can be raised ex officio that need to be dealt with in the supplementary pleadings. (New amendments to the Code of Civil Procedure: innovations to the Cartabia Reform)
4. Appeal Proceedings
In second-instance proceedings, the appellant shall enter an appearance according to the forms and terms provided for the proceedings before the court. The other parties shall enter an appearance within 20 days prior to the hearing indicated in the summons, a term within which any cross-appeal must also be lodged. In proceedings before the Court of Cassation, the need for the defense lawyer to obtain a new special power of attorney to request the Court to issue an expedited decision on appeals deemed inadmissible, inadmissible, or manifestly unfounded is no longer provided. (New amendments to the Code of Civil Procedure: innovations to the Cartabia Reform)
📚 Accessing the Code of Civil Procedure
The full text of the Italian Code of Civil Procedure, including the recent amendments, is available on the official website of the Ministry of Justice of Italy:
👉 Codice di Procedura Civile – Ministero della Giustizia
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