Commentary on Order No. 965 of 2025: Exemption from Legal Costs and Self-Certification

The recent Order No. 965 of January 15, 2025, issued by the Court of Appeal of Salerno, provides important clarifications regarding exemption from legal costs, particularly concerning the validity of self-certification declarations. This ruling is part of a legal context where the right to exemption from legal costs is guaranteed to those in difficult economic situations, but often clashes with the rigidity of bureaucratic procedures.

Regulatory Context

According to Article 152 of the implementing provisions of the Code of Civil Procedure, the party requesting exemption from legal costs must submit a declaration attesting to having an income below the established threshold. The Court, in its order, emphasizes that such a declaration does not necessarily have to follow a rigid format but can be drafted flexibly.

• The lack of a specific indication of the reference year for income is considered irrelevant.
• The submission of the declaration is permitted even close to the appeal hearing date.
• A judgment ordering costs, issued without a proper assessment of the economic situation, is considered to be without jurisdictional power.

Analysis of the Ruling

Exemption in case of losing party pursuant to art. 152 implementing provisions of the Code of Civil Procedure - Self-certification declaration - Drafting method - Lack of specific indication of the year to which income refers - Irrelevance - Reasons - Submission of the declaration close to the appeal hearing date - Admissibility - Costs ordered regardless - Consequences. In terms of exemption from legal costs pursuant to art. 152 implementing provisions of the Code of Civil Procedure, the self-certification declaration does not need to be drafted according to a rigid and predetermined format, therefore a declaration lacking the specific indication of the year to which income below the legal threshold refers is also suitable for the purpose (as such reference can be implicitly inferred from the tenor of the cited provision which attributes relevance to "the year preceding that of the commencement of the proceedings"), nor is the circumstance that the declaration was filed only close to the appeal discussion a preclusive factor, as the effectiveness of the self-certification must be understood as referring to the entire proceeding in relation to which it is presented; consequently, the costs ordered regardless must be considered as pronounced in a situation of lack of jurisdictional power.

This summary highlights the need to interpret the provisions in a way that guarantees the right to exemption from legal costs, avoiding excessive formalism. The Court emphasizes substance over form, thus ensuring fairer access to justice.

Conclusions

Order No. 965 of 2025 represents a significant step towards more accessible justice, where bureaucracy does not hinder citizens' rights. The flexibility required in drafting self-certifications and the consideration of the entire proceeding for the effectiveness of declarations are elements that can make a difference in many situations. This ruling invites reflection on how law can and should evolve to respond to continuously changing social and legal needs.