Author: Sandro Trento.
The government has decided to proceed with the approval of a law that will result in the termination of all processes that have lasted more than two years. A process terminated by a law of this kind can no longer be repeated. The defendant, who will benefit from the extinction of the process will be in a fortunate situation, solving all their problems with the law. This is a very serious decision, unprecedented in the history of republican government, in fact, use the legislature to oppose the judicial power, using a parliamentary law to prevent the judiciary to move forward with the process.
In Italy there is a problem concerning the timing of Justice. The average length of processes, for reasons of work, is 700 days, while in France, always working for a cause, it takes only 350 days, the Netherlands 265. To a debt collection in Italy, it takes an average of 1210 days, 331 in France.
long time I have a problem of justice for all citizens and are linked to low productivity of the courts and the excessive complication of the procedure. But these long periods of justice gives rise to a vicious spiral: the uncertainty of the timing of Justice reaches a decision encourages lawlessness, and end up further exacerbate the workload of the courts.
E 'important and necessary to address the issue of justice of the times, but the decision of the government aims to accelerate the time for all citizens of justice, but to defend the interests of a particular person: Silvio Berlusconi, which would solve most of his legal problems, while all the problems of the times justice remains, why do not you go to affect the procedures, does not improve the efficiency of the courts, not take on new judges and not realized investments to allow for computerized processes.
What will happen with this measure is that each judge must decide whether to focus its prosecution and their time only on those measures that can be closed within two years, otherwise it will have wasted your time. The first question that arises is that of mandatory penalty, which at this point is going to "get fried" because the judges will decide each time whether it is worth starting a court order or not. It will create a strong incentive on the part of the party accused to delay the proceedings, hoping to invalidate the prosecution.
In fact, there is less certainty of prosecution, one of the cornerstones of the economy and the market. In all situations in which businesses and citizens will risk being cheated, deceived and be wrong, could not ever see their views prevail. Think of the Parmalat and Cirio cases, all actions that required more than two years by citizens to enforce their rights and that, once entry into force of this law, will not. Think prosecution pending for bank takeover against the former governor of the Bank of Italy Fazio, in this case would fail because it's been over two years.
This is a measure that could reduce the attractiveness of the Italian economy for foreign investors, who see us as a country where there is no certainty in the law, and threatens to undermine the rights of small savers citizens, who could not enforce their views.
A measure that is not in the interest of the country, but in the personal interest of one person, a very serious measure to which we must resist.
IDV - Civitavecchia
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