It is important to underline that the Court of Appeal of Naples with sentence no. 36 of 09.01.2023 gave as a starting point of art. 4 novellato, February 28, 2023 (ex L. n. 197 of 2022).
The author is Mr. Marinaro who is also the author of the article on Sole24ore of 23 January 2023 which recalls the date of 28 February 2023.
So we have a first ruling of the judiciary on the entry into force of the cases not specifically listed by art. 41 c. 1 of Legislative Decree 149/22 (which instead go peacefully to 30 June 2023).
On 10 February 2023 Normattiva updated Legislative Decree no. 28 of 4 March 2010.
Normattiva is the database of the Istituto Poligrafico e Zecca dello Stato that should give us legal certainty.
The amendments finally take into account the finance law that has renewed the art. 41 of the transitional rules of Decree 149/22 which in turn intervenes on Legislative Decree 4 March 2010 n. 28.
From the regulatory indication it would seem that some rules have already entered into force on 1 January 2023, while others will enter into force on 30 June 2023 (except for legislative deferrals).
I say it would seem because January 1, 2023 is derived only from the heading of the standard: those who update the database mostly use (v.ad eg art. 8-bis) sibilline indications: “The Legislative Decree 10 October 2022, n. 149, as amended by L. 29 December 2022, n. 197, no longer provides (with art. 41, paragraph 1) that the amendment referred to in this Article shall apply from 30 June 2023.”
Then followed the Circular of the Ministry of Justice Prot. n. 0001924 of 28-02-2023 from which the date of 28/2/2023 can be deduced even if reference is made to assisted negotiation.
Finally, on 1 March 2023, the following communication from the Ministry of Justice took place”
“Yesterday, February 28, the entry into force of the reform of the civil process, after the anticipation decided in the last budget law. This is one of the enabling reforms for the PNRR, with the aim of reducing the duration of trials by 40% in five years, reducing the backlog and rationalizing the different procedural models. A reform of the system, necessary to meet the commitments with Europe and meet the needs of citizens and businesses.
The innovations are accompanied by the recruitment of administrative staff (5 thousand units scheduled in 2023), in addition to the future entry of another 8 thousand employees of the Office for the trial, as established in the PNRR; three new competitions in the judiciary scheduled for the current year (two of which also with the use of PCs, to speed up the corrections of the tests); an acceleration on digitalisation (over 200 projects for judicial offices in the coming years) and significant investments in construction (326 construction sites are currently open throughout Italy, for an investment of over 50 million).
After the entry into force already on 1 January 2023 of the reference for a preliminary ruling to the Court of Cassation, the reform of the judgment in the Court of Cassation and the alternative methods of holding civil hearings, the new ordinary rite now becomes operational – among other things – ; an enhancement of alternative forms of justice (mediation, assisted negotiation, arbitration) the simplified rite; simplification of labour judgments; changes to voluntary jurisdiction; the single rite for family proceedings (with the possibility of submitting a request for judicial separation and at the same time for divorce); the new competences for justices of the peace. Instead, the establishment of the Court for persons, minors and families remains in 2024.
“A justice that is not very efficient and does not respect the constitutional principle of the reasonable duration of trials – the Minister of Justice, Carlo Nordio has repeatedly recalled – costs Italy about 1.5/2 points of GDP”. From 2015 to 2022, between compensation and expenses provided for by the Pinto law (for compensation for the excessive duration of the trials), the State spent over 781 million euros.”
Also from this communication it seems to be clear that for mediation, assisted negotiation and arbitration the date of entry into force is February 28, 2023.
And therefore it would seem that some provisions of Legislative Decree no. 28 of 4 March 2010 (those not expressly indicated by Article 41 of Legislative Decree no. 149 of 10 October) entered into force on 28 February 2023.
The same goes for assisted negotiation: what is not expressly provided for by the last paragraph of art. 41 entered into force on 28 February 2023.
Without an amendment to Ministerial Decree 180/10, however, we will be able to go not far even on 30 June 2023 and the legislator is also well aware of this (see the parliamentary dossier on the financial).
Furthermore , it should be noted that the law merely penalises non-participation without justified reason. On the other hand, there are no sanctions for those who face the condition of admissibility in the mediation room without observing the new indications that will enter into force on 30 June 2023.
In the text below, in addition to ministerial considerations, references have also been left to the opinions that in recent days have been provided by the CNF, the Sole24ore and the parliamentary dossier commenting on paragraph 380 of the budget, which instead indicated the entry into force of the rules not provided for by art. 41 c. 1 to 28 February 2023/1 March 2023.