Guardianship Administration: Court Competence After the Cartabia Reform (Cassation No. 15189/2025)

Order No. 15189 of 06/06/2025 of the Court of Cassation, with President L. T. and rapporteur A. C., clarifies the competence for appeals against decrees of the guardianship judge in the administration of support. A fundamental ruling, especially in relation to the changes introduced by the "Cartabia Reform" (Legislative Decree 149/2022), crucial for family law and the protection of individuals.

Competence and Cartabia Reform: The Point

Guardianship administration is a vital tool for the protection of individuals with reduced capacity. The guardianship judge issues essential decrees. The Cartabia Reform introduced new procedural rules, raising questions about competence for appeals. The case (A. C. E. v. M.) concerned the application of "tempus regit actum" to appeals initiated after February 28, 2023, the date of entry into force of the new provisions.

The "Tempus Regit Actum" Principle and the Ruling

The competence for judgments concerning appeals against decrees issued by the guardianship judge within the framework of the guardianship administration procedure, issued at the conclusion of a proceeding initiated after February 28, 2023, even if related to a procedure opened at an earlier date, lies with the court and not the court of appeal, because the principle of "tempus regit actum", according to which "ius superveniens" finds immediate application in procedural matters, refers to the individual acts to be performed, considered in isolation, and not to the set of rules systematically organized for the purpose of judicial determination, as occurs in the context of guardianship administration, where the various procedural segments are not relevant in isolation, but are instrumental to ensuring the overall implementation of the procedure over time.

With this maxim, the Court of Cassation establishes that the competence for appeals against decrees of the guardianship judge in guardianship administration, initiated after February 28, 2023, belongs to the Court, even if the procedure had been opened earlier. The "tempus regit actum" applies to individual acts, not to the entire ADS procedure, which is considered a unitary and continuous "system." Its steps are not isolated but functional to the lasting protection of the administered person. The date of initiation of the appeal determines the competence.

Practical Implications

Order No. 15189/2025, in line with previous rulings (Order No. 32365/2024), provides clear guidance. The new provisions of Legislative Decree 149/2022 (Articles 473 bis No. 58, 720 bis paragraph 2 of the Code of Civil Procedure, Article 35 paragraph 1 of Legislative Decree 149/2022) have reorganized civil justice. Assigning competence to the Court for appeals filed after February 28, 2023, aims to centralize and streamline management. Key implications:

• Court competence for appeals filed after February 28, 2023.
• Appeal date is decisive; initiation of ADS procedure is irrelevant.
• Unitary nature of the ADS procedure.
• Greater clarity and procedural consistency.

This orientation is crucial for the effective protection of vulnerable individuals.

Conclusions

The Court of Cassation's Order No. 15189 of 2025 is an indispensable reference for the new rules on guardianship administration. By clarifying the Court's competence for appeals initiated after February 28, 2023, the Supreme Court has provided an authoritative interpretation of "tempus regit actum," emphasizing the continuous nature of protection procedures. A decision that strengthens legal certainty and the effectiveness of justice in a sector of high social relevance.