Elisabetta Silvestri

Towards a Common Framework of Collective Redress in Europe? An Update on the Latest Initiatives of the European Commission

The essay describes the main contents of the Recommendation and the Communication issued in June 2013 by the European Commission on the topic of collective redress with the view to outlining a set of common and harmonized principles that should inspire Member States in their respective regulations on group actions for the judicial enforcement of rights granted under EU law.

The Italian Supreme Court of Cassation: Of Misnomers and Unaccomplished Missions

The Supreme Court of Cassation is the Italian final court of appeal, but, in spite of its official name, the dimension of its caseload and the high number of judgments it issues each year make it impossible to state that it is a true supreme court. On the one hand, the long-standing crisis of the Court reflects the difficulties Italian civil justice has been experiencing in recent decades; on the other hand, at the root of the problems affecting the Court is the rule engraved in the Italian Constitution that grants an unconditional right to appeal to the Court of Cassation. Short of a reform of this constitutional provision (which is unique to the Italian legal system), all attempts at curbing the Court’s caseload so as to restore it to its original role as a supreme court are doomed to failure.

Goals of Civil Justice When Nothing Works: The Case of Italy

This chapter addresses some critical aspects of Italian civil justice with the view to clarifying the reasons why the goals it is supposed or expected to reach are difficult to identify. For those who are in charge of a justice system faced with a longstanding ‘identity crisis’, known worldwide for the unbearable length of its judicial proceedings and constantly in a state of emergency, the search for ‘exit strategies’ seems to be an absolute priority, one that overshadows the importance of a clear vision of the goals civil justice is intended to pursue. But short of such a vision, no reforms will be able to reverse the present situation.

Group Actions À La Mode Européenne : A Kinder, Gentler Class Action for Europe?

The chapter describes the main contents of the Recommendation and the Communication issued in June 2013 by the European Commission on the topic of collective redress with the view to outlining a set of common and harmonized principles that should inspire Member States in their respective regulations on group actions for the judicial enforcement of rights granted under EU law. It remains to be seen whether these principles are a step forward in the direction of a coherent, pan-European framework of group actions.

Administrative Justice in Italy

This essay describes the organization of administrative courts in Italy, as a set of courts distinguished from ordinary courts that deal with civil and commercial cases. Since the 19th century Italy has adopted a dual system of jurisdiction, and has never abandoned the traditional criterion according to which ordinary jurisdiction and administrative jurisdiction are established: this criterion, having regard to the entitlement claimed by the plaintiff, is unique to Italy and, leaving aside its distinctiveness, it is quite enigmatic and difficult to apply in practice. Reference is made to the procedure followed before administrative courts, a procedure recently updated through the enactment of the Code of Administrative Procedure.

Italy: Civil Procedure in Crisis

After a brief historical overview of the administration of civil justice in Italy and a short description of the structure of the judiciary, the author expands on the three main types of civil proceedings provided for by the Italian Code of Civil Procedure, highlighting a series of recent reforms adopted in the attempt to solve the most serious problem of Italian justice, that is, the excessive length of adjudication. The final part of the chapter addresses the issue of mediation and ADR envisaged by the Italian legislator as possible strategies to reduce the courts’ caseload.