Analysis of Ordinance No. 9870 of 2024: Appeals and Jurisdiction of the Justice of the Peace

The recent Ordinance No. 9870 of April 11, 2024, issued by the Court of Cassation, offers important insights into the jurisdiction of the Justice of the Peace and the methods for appealing his judgments. In particular, the ruling clarifies the limits of appeal and the possibilities for recourse, highlighting the relevance of the legal provision contained in Article 339, paragraph 3, of the Code of Civil Procedure.

The Legal Context

In the case dealt with by the ordinance, the Court declared the appeal filed by R. (C.) against the judgment of the Justice of the Peace of Monza inadmissible. This case follows a consolidated line of jurisprudence that emphasizes the exclusive nature of appeals on limited grounds. Indeed, Article 339, paragraph 3, of the c.p.c. establishes that appeals against judgments of the Justice of the Peace can only be filed on specifically indicated grounds, thus excluding the possibility of an appeal to the Court of Cassation based on the ground referred to in Article 360, paragraph 1, no. 5.

Judgments of the Justice of the Peace - According to Equity - Appeal on Limited Grounds under Article 339, paragraph 3, c.p.c. - Exclusive Nature - Appeal to the Court of Cassation - Concurrence with the Ground under no. 5 of Article 360 c.p.c. - Exclusion - Rationale. The appeal on limited grounds, provided for by Article 339, paragraph 3, c.p.c., constitutes the sole admissible appeal remedy (in addition to ordinary grounds for review) against judgments rendered by the Justice of the Peace within the scope of his necessary equitable jurisdiction, as no other ordinary appeal is conceivable for the excluded grounds, and specifically, no appeal to the Court of Cassation on the ground under Article 360, paragraph 1, no. 5, c.p.c., because such judgments escape the application of Article 111, paragraph 7, of the Constitution, which concerns decisions having a substantive decisory nature, for which no appeal is provided, and not cases where an appeal is provided, albeit limited to certain grounds, and the subsequent decision can then be subject to appeal to the Court of Cassation.

Implications of the Judgment

This decision represents a further step in defining the methods for appealing judgments of the Justice of the Peace. The main implications of the judgment can be summarized in the following points:

• The Justice of the Peace has limited and specific jurisdiction, and his judgments can only be appealed on particular grounds.
• Appeals to the Court of Cassation are not admissible on grounds excluded from appeals on limited grounds, thus reinforcing the principle of procedural economy.
• The distinction between equitable jurisdiction and ordinary jurisdiction is fundamental to understanding the methods of appeal and their scope.

This ordinance is part of a regulatory framework that seeks to ensure the speed and efficiency of proceedings, avoiding excessive appeals that could burden the judicial system.

Conclusions

Ordinance No. 9870 of 2024 provides an important clarification regarding appeals and the limits of challenging judgments of the Justice of the Peace. The Court of Cassation, with this ruling, reiterates the importance of current legislation and the need to respect established procedures, thus contributing to greater legal certainty and more efficient justice.