Shortage of judges and lengthy proceedings: Italy’s justice system needs reform

Brussels – It is no longer synonymous with snail-paced trials, but the Italian justice system has certainly not started to sprint. The European Commission’s annual Justice Scoreboard portrays a country grappling with the same problems as always: a shortage of judges and an abundance of lawyers, the highest legal costs relative to the value of claims, and the longest times to reach a final ruling at the highest level of appeal, unmatched by any other country.

There has been some improvement, but Italy will need to step up its efforts if it wants to honor its National Recovery and Resilience Plan (NRRP) commitments and secure European funding through the Recovery Fund. Justice and its functioning is one of the areas in which progress is expected, yet, final data in hand, the picture is far from encouraging. Of course, the information is as of 2023, so there is a possibility that something has changed for the better. To verify this, we will have to wait for the next editions; in the meantime, the Italian justice system is far from making itself known as an example of excellence.

Snail-paced trials, an unsolved problem

The good news is that, on average, it takes less than a year in Italy to close a case. It takes around 350 days, which is less than in Greece (630 days), Cyprus (603 days), and Malta (400 days). A first instance decision, on the other hand, takes 500 days, give or take a day, which puts Italy on the podium in this special ranking (behind Greece and Croatia). Compared to the last report, the Italian justice system has accelerated by about three weeks, or 20 days.

However, when it comes to slow trials, Italy is first in terms of the time required for third-degree judgements: 1,000 days for a judgement to become final. Two years and nine months to finally close a case, be it civil or commercial. No one like Italy is capable of leading the rankings in terms of the length of time required for second-degree judgements: 700 days.

An abundance of lawyers and a shortage of judges, no judgements and so many costs

The protracted time it takes for justice in Italy is related to the country’s structure, where many look for loopholes and few ultimately reach a decision. While Italy ranks first in the EU for the concentration of lawyers, with almost 400 per 100,000 inhabitants, the country ranks last in terms of the number of judges available, with just 11 per 10,000 inhabitants. And while nobody decides, the citizens pay—and a lot.

Italy ranks first in terms of litigation costs. These account for 52 percent of the case’s value and the interest at stake. In Finland, the second most expensive EU Member State, the rate stops at 39 percent. Not only that: at around EUR 2,500 in fees, the average cost of an Italian defense lawyer is the third highest in Europe, behind the Netherlands and Croatia.

There is much for Italy to do, and the Commission intends to ensure that it does its homework. “When judicial systems are robust, citizens and businesses know that their rights do not depend on the whims of power, but on the certainty of justice,” the Commissioner responsible for Justice, Michael McGrath, said. “My mission is to ensure that the EU remains the beacon of legal certainty that it is today. The government is on notice.”