Analysis of Judgment no. 22110 of 2023: Legal Aid and Income Declaration

The recent judgment no. 22110 of March 14, 2023, filed on May 23, 2023, offers an important clarification regarding the procedure for admission to legal aid. In particular, the Court ruled that the substitute declaration of certification concerning income conditions does not need to be submitted as a separate attachment, but can be included directly in the application for admission.

Regulatory Context

The issue addressed by the Court falls within the relevant regulatory framework, particularly in Presidential Decree no. 445 of December 28, 2000, and Presidential Decree no. 115 of May 30, 2002. These regulations govern free legal representation for the needy, recognizing the right of access to justice even for those in difficult economic conditions. Judgment no. 22110 further clarifies the methods for completing the application, simplifying the procedure.

Application for admission - Separate declaration on income conditions - Necessity - Exclusion - Reasons. For the purposes of admission to legal aid, the substitute declaration of certification referred to in art. 46, paragraph 1, letter o), Presidential Decree of December 28, 2000, no. 445, attesting to the existence of the income conditions to be assessed pursuant to art. 76 Presidential Decree of May 30, 2002, no. 115, does not need to be attached separately, as it can be contained within the application itself, for which a formal assumption of responsibility by the declarant is not required. (In its reasoning, the Court specified that the procedure for admission to legal aid is characterized by simplicity of form and it is entirely irrelevant that the substitute declaration does not contain any reference to the penalties provided for false or mendacious declarations).

Practical Implications of the Judgment

This ruling has several practical implications for users of the Italian legal system:

• Simplification of procedures: The possibility of including the income declaration in the application for admission represents a significant step towards bureaucratic simplification.
• Access to justice: By removing the obligation to attach separate documentation, access to legal aid is facilitated for those in economic difficulty.
• Focus on income conditions: The judgment reiterates the importance of verifying income conditions, but in a context of greater flexibility.

Conclusions

Judgment no. 22110 of 2023 represents an important step forward in protecting the right of access to justice, particularly for people in economic difficulty. The simplification of procedures for legal aid not only streamlines the bureaucratic process but also ensures that less affluent individuals can defend their rights without further obstacles. It is desirable that these guidelines are also followed in other areas of law, to promote a fairer and more accessible justice system.