Science

Managing quality and efficiency of Justice

Italian strategies in Case Management

Giacomo Oberto

Proposition de citation: Giacomo Oberto, Managing quality and efficiency of Justice, in : «Justice - Justiz - Giustizia» 2019/4

The expression «Case Management» in continental Europe is usually intended in quite a different way, if compared with the meaning these words have in a Common Law legal environment. Actually, the very idea that judges and lawyers can sit around a table and define for a given case how that litigation, that particular case, can be managed in order to be brought either to a friendly settlement, or to a contentious judgement in the most expeditious, convenient and efficient way, is something unthinkable in our tradition. However, in these last years a new kind of approach is emerging which deals with judicial work as a whole and makes the treatment of judicial caseload more efficient, so to try to reduce to zero the amount of the backlog.

Table des matières

I. Case Management in Italy and Europe: from the «Strasbourg Programme» to Cepej-Saturn Guidelines
- 1. The «Strasbourg Programme» of Turin’s Court: An Inspirational Forerunner
  - 1.1. The Programme in the 2001 Version
  - 1.2. The Success of the Initiative
  - 1.3. The District Directive of 16 May 2011: Extension of the Strasbourg Programme to All Courts of Piedmont and Valle dʼAosta
- 2. The Italian Program for the Management of Civil Proceedings ex Article 37 D.L. 98/2011
  - 2.1. General Notes
  - 2.2. The Content of the 2011 Law
  - 2.3. Conventions Concluded Between the Courts and Universities. Judges’ Assistants
- 3. The Waking Up of Awareness on Case Management in Europe
- 4. New Approaches and Tools on Case Management in Europe: Case Weighting and Dashboards for Court Management
II. Possible strategies for an efficient Case Management
- 1. Selection and Training of Lawyers
- 2. Simplification of Procedures before the Courts
- 3. Judicial Discretion: Powers of the Judge in Civil Cases
- 4. Gathering Evidence in a Quicker Way
- 5. Written Reasoning of Judgements
- 6. Suppression of Procedural Abuses
- 7. Summary of Recommendations
III. Information Technology and E-Filing as means for an effective Case Management
- 1. The Use of Information Technology in Civil Litigation Matters in Italy
- 2. Main Features of the Italian Electronic Filing System in Civil Cases
- 3. Pros and Cons of the Italian Electronic Filing System in Civil Cases
- 4. Effectiveness and Effects of E-Filing in Civil Litigation Matters in Italy
- 5. Rules and Guidelines for the Use of Information Technology in Civil Litigation Matters in Italy
- 6. Security Issues