MINISTERS’ DEPUTIES

Decisions

CM/Del/Dec(2021)1419/H46-20

2 December 2021

1419^th meeting, 30 November – 2 December 2021 (DH)

H46-20 Trapani group v. Italy (Application No. 45104/98)

Supervision of the execution of the European Court’s judgments

Reference document

CM/Notes/1419/H46-20

Decisions

The Deputies

1. recalled that this group of cases concerns the longstanding structural problem of excessive length of civil proceedings in Italy;

As regards individual measures

2. invited the authorities to keep the Committee informed on whether the applicants in the case of Barletta and Farnetano initiated Cassation proceedings and in that case to notify these proceedings to the highest jurisdiction with a view to speeding them up;

As regards the general measures

3. noted with interest the information provided on the ongoing reform of civil justice which confirms the firm resolve of the Italian authorities to secure the effectiveness and reasonable length of civil proceedings; noted that the coherent and promising measures envisaged by the reform aim notably at reducing the global disposition time of civil proceedings by 40% in the next five years;

4. invited the authorities to rapidly finalise and implement this reform and to provide updated information and statistical data on its impact on the average length of civil proceedings and the clearance of the backlog before all level of jurisdictions;

5. noted with satisfaction the positive results achieved in the period 2017-2021 in terms of disposition time of global civil proceedings before first instance and appeal courts and backlog clearance before these jurisdictions; invited the authorities to pursue their efforts to secure the continuation of this positive trend and the further reduction of the average length of contentious civil proceedings notably before appeal courts;

6. noted with deep concern that despite the targeted measures adopted by the authorities in 2016, no improvement in terms of average length and backlog of cases before the Court of Cassation could be observed; called on the authorities to address this situation as a matter of priority to secure a swift inversion of this negative and persisting trend;

7. invited the authorities to submit updated information on the outstanding issues above and comprehensive statistical data by December 2022.