Science

Managing quality and efficiency of Justice

Italian strategies in Case Management

Giacomo Oberto

Zitiervorschlag: 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.

Inhaltsverzeichnis

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