Commentary on Judgment No. 22007 of 2024: The Fornero Procedure and Defendant's Default

Judgment No. 22007 of August 5, 2024, offers important insights into the dynamics of the so-called "Fornero procedure" in labor and social security matters. In particular, it focuses on the issue of when the thirty-day period for opposition by the defendant, declared in default, begins to run. This aspect is crucial for ensuring a balance between the right to defense and the stability of judicial decisions.

The Fornero Procedure and Default

The Fornero procedure, governed by Law No. 92 of 2012, is a simplified process aimed at ensuring the swift resolution of labor disputes. In the case at hand, the Court of Appeal of Florence confirmed a fundamental principle: in the event of the defendant's default, the period for opposition begins to run from the notification of the full order issued by the applicant.

Fornero Procedure - Defendant's Default - Thirty-Day Period for Opposition pursuant to Article 1, Paragraph 51, of Law No. 92 of 2012, applicable ratione temporis - Commencement - Rationale. In the so-called "Fornero procedure," if the defendant in a lawsuit is declared in default, the thirty-day period for filing an opposition commences from the date of notification, by the applicant, of the full order issued pursuant to Article 1, Paragraph 49, of Law No. 92 of 2012, as Article 1, Paragraph 51, of the aforementioned law, applicable ratione temporis, must be interpreted systematically in light of the principle expressed by Article 643, Paragraph 2, of the Code of Civil Procedure, balancing the defendant's right to defense with the stability of the decision obtained by the party that has legitimately initiated proceedings and duly established the adversarial process.

Court's Interpretation

The Court emphasized that Article 1, Paragraph 51, of Law No. 92 of 2012 must be interpreted systematically. This means that, while recognizing the defendant's right to defense, it is also essential to ensure the stability of the decisions obtained by the party that initiated the adversarial process. Article 643, Paragraph 2, of the Code of Civil Procedure underscores the importance of balancing these two needs.

In summary, the Court established that:

• The thirty-day period for opposition commences from the notification of the full order;
• Default must not prejudice the stability of the issued decision;
• The right to defense must be balanced with the need for certainty in judicial decisions.

Conclusions

Judgment No. 22007 of 2024 represents an important clarification on how deadlines are calculated in the Fornero procedure, highlighting the importance of a balance between the right to defense and legal certainty. For legal professionals and citizens, it is crucial to understand these dynamics in order to effectively protect their rights. Jurisprudence continues to evolve, and each judgment provides new insights for reflection and practical application.