AN OUTLINE OF ITALIAN JUDICIARY SYSTEM Author: Avv. Carlo Poli Annual Meeting AITC September 4° and...

AN OUTLINE OF ITALIAN JUDICIARY SYSTEM

Author: Avv. Carlo Poli

Annual Meeting AITCSeptember 4° and 5° 2009 Florence AITC

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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)

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The reform of the Italian Civil Code Procedure

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The aim of reform

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•To simplify and to rationalize the Italian Civil Procedure. •To ensure a better efficiency of the judiciary

The most important news

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•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 ;

The others news

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• 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;

The Italian Insolvency system

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Before 2005

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The Insolvency in Italy has been regulated for more than 60 years by the Royal Decree of March 16, 1942 no. 267.

After 2005

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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.

The Italian judicial debt recovery system

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Writ

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a writ (precetto) can be issued immediately by those who are in possession of particularly strong

proof of the claim

The proofs of claim

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• a previously protested bill of exchange • a cheque • or• a sentence• a public notary acts • presented with an execution statement.

Case of non-payment

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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.

Outline about the injunction procedure.

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The proofs to obtain injunction decree

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Documentary evidence such as invoices or authentic extracts of

the VAT register;

For any further inquiry,please do not hesitate to contact

Avv. Carlo Poli

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e.mail address: c.poli@studiolegalepoli.comTel: + 39 055.2469122 – Fax: + 39 055.2476330

Thank you for your attention

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