The "legal certainty" and the civil trial.
The problem of "legal certainty" is largely dependent on the legislative technique adopted and the development of case.
Too many poorly drawn or incomplete standards, which do not give cognizance to the citizens of their actual rights.
This may give rise to multiple interpretations, leading to the establishment of the disputes which times expand exponentially in subsequent proceedings.
Deficits, both cultural and technical, the legislature must meet the law's legitimacy with interpretive guidelines often conflict with each other.
who sits in parliament should be held to requirements that ensure an adequate knowledge of legal matters and legislative drafting. However, a reform in this sense, difficult to implement if not utopian.
More practical, however, is the ability to improve the accuracy of decisions from the first grade of trial, to give greater importance to that activity and effectiveness of case law that stands as a necessary corrective the incurable deficiencies of the legislature.
Greater legal certainty would be even better chance to predict the outcome of a possible cause. This would result in an increase in the definitions of disputes out of court and a simultaneous reduction of civil litigation.
Such a goal could be achieved through some simple changes to the code of civil procedure, such as those listed below (shown in bold and italics the parts that should be added):
Article 132. Content of the sentence.
The sentence is pronounced in the name of the Italian people and bears the heading: the Italian Republic.
should have:
1) an indication of the court which made the award;
2) the names of the parties and their counsel;
3) the conclusions of the prosecutor and those of the parties;
4) his summary of the actual process and the reasons in fact and in law the decision;
4-bis) the detailed explanation, in a special section of the grounds, reasons in fact and in law, for which it is not considered applicable or not it is considered to share , the jurisprudence of the Supreme Court may be invoked by the parties in their pleadings;
5) the device, the date of the resolution and signing of the court.
The ruling by Judge college is only signed by the President and Judge extender. If the President can not sign on death or other impediment, the sentence is signed by the oldest member of the College, provided that the subscription is first mentioned the obstacle, if the author can not take out the sentence of death or other impediment is sufficient only the signature of the President, provided the subscription is listed in the first impediment.
Article 161. Nullity of the award.
The invalidity of the judgments subject to appeal or further appeal can be claimed only to the limits and rules specific to these facilities appeal.
This provision does not apply when the sentence lacks the signature of the judge.
The lack of a requirement under Article. 132, second paragraph n. 4-a is due to irremediable nullity and must be taken office in each state and grade of the trial .
Mr. Alessandro Reggiani
