In the Olympics of civil justice, is eliminated Italy in battery. And with the worst time: 564 days for the first instance, against an average of 240 days between 34 OECD countries and 107 days of those nerds of the Japanese; almost 8 years for the three levels of courts, against an OECD average of 788 days and 368 days of justice cuckoo Switzerland. Yet we and Swiss cousins we allocate the same share of GDP, to 0.2 percent, the judicial system. So it is not a question of resources.
To say it is the OECD, the organization that collects the developed countries, democratic and free market. So the Serie A in the world, in which we, at least in justice, we are in the relegation zone. With economic consequences. The slowness of civil proceedings in fact creates a backlog that Senate President Piero Grasso reminds be of "about four million slopes in varying degrees of judgment," and that, as pointed out by Pier Carlo Padoan, OECD Deputy Secretary during the presentation to the Senate report entitled "Civil Justice, how to promote efficiency", "has the same impact that the suffocating debt. It is a burden which we must free ourselves, "which weakens" the country's ability to overcome the crisis "and has an impact on GDP estimated to be about 1 per cent.
According Padoan, "if the civil justice system does not work there is less competition and less fluidity in the labor market." Not only that, you create a "vicious circle" since "the companies have less incentive to invest because they are deterrents to future activity" and "less competition for the same rules in the markets and a lower fluidity of the labor market." In addition, there are also effects on the availability and cost of credit in Italy, said Padoan, it "may be 70 basis points higher than in countries with more efficient systems."
"The issue of civil justice is of primary agenda of the current government," guarantees the Justice Minister Annamaria Cancellieri, that it is necessary "shock therapy to respond to the urgent need to reduce the backlog in the courts and cut over one million and 200 thousand backward practices in five years. " This result should be obtained also thanks to the inclusion of the so-called 'Decree of making' of the measure that restores the mandatory civil mediation for disputes concerning the rights available with a more rapid agreement between the parties through the intervention of a professional mediator. An institution, that of civil mediation mandatory, which had been introduced in 2010 by the then Minister of Justice, Angelino Alfano, a legislative decree then suspended on 24 October by the Supreme Court, which declared unconstitutional by excess of delegation.
With the new decree, the civil mediation will undergo some important changes will be mandatory only for certain subjects, eg by excluding differences on liability for damage caused by the circulation of vehicles, and will have a shorter duration than the first version: from four to three months.
Always limited the economic outlay: 40 € for the opening of the file and a "tariff" between 80 and 250 € in case of termination at the first meeting.
Civil mediators are automatically included on all lawyers, and can also act as graduates in other faculties and members of professional bodies after a special training course.
An enlargement of the mesh that already in the first version of the decree did not go down to the professionals of justice and that is to swear, it could also create problems to the mediation 2.0.
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