The Regulatory Power of Heads of Judicial Offices in Light of Judgment No. 18742 of 2023

The recent judgment No. 18742 of January 19, 2023, filed on May 4, 2023, offers an important reflection on the limits of the regulatory power attributed to heads of judicial offices, especially in the context of the emergency measures introduced to address the Covid-19 pandemic. This ruling, issued by the Court of Cassation, partially annuls the decision of the Court of Assizes of Appeal of Milan, highlighting certain aspects of fundamental importance for the legal world.

The Regulatory Framework

The central issue concerns Article 83, paragraph 7, of Legislative Decree No. 18 of 2020, converted into Law No. 27 of 2020. This provision introduced extraordinary measures for the justice system, allowing heads of judicial offices to adopt provisions to limit public access to offices. However, the Court clarified that this provision does not grant the possibility of modifying procedural terms but is limited to establishing rules for physical access to judicial offices.

The Ruling's Headnote

Emergency measures for the containment of the Covid-19 pandemic - Art. 83, paragraph 7, Legislative Decree No. 18 of 2020 - Regulatory power of heads of judicial offices - Derogation from procedural terms - Possibility - Exclusion. In the context of emergency procedural measures for the containment of the Covid-19 pandemic, the provision of Article 83, paragraph 7, of Legislative Decree of March 17, 2020, No. 18, converted, with amendments, by Law of April 24, 2020, No. 27, does not legitimize the adoption, by Heads of Judicial Offices, of regulatory acts that affect the running of procedural terms, allowing only the regulation of public access to offices from May 12 to June 30, 2020.

This headnote clearly and precisely highlights that, although emergency legislation introduced containment measures, it should not be interpreted as an opening towards a modification of the rights of the parties involved, particularly concerning procedural terms.

Practical Implications of the Judgment

Judgment No. 18742 of 2023 has significant practical implications. Firstly, it strengthens the protection of citizens' rights, ensuring that procedural terms cannot be arbitrarily modified. Furthermore, it offers clear guidance for heads of judicial offices, highlighting the importance of operating in compliance with current regulations, avoiding abuses of power that could compromise the fairness of proceedings.

• Recognition of the rights of the parties in proceedings.
• Clarity on the limitations of the power of heads of judicial offices.
• Guarantee of fair access to justice.

Conclusions

In conclusion, judgment No. 18742 of 2023 represents an important step in the protection of procedural rights during emergency situations. It reiterates that, while it is necessary to adopt measures to ensure public health, the importance of fundamental rights in legal proceedings must never be overlooked. This balance is essential to maintain confidence in the judicial system, especially in times of crisis.