1st European Training Day for Italian Judicial Officers in Perugia
On 12 June 2009, the Italian AUGE association (association of the judicial officers in Europe) and the Bar Association of Perugia organized in collaboration with the UIHJ, in the famous Law University of Perugia, their first training day on the topic of European Regulations
From L. to R. : Francesca Biondini, Domenico Benedetti Valentini, Rose-Marie Bruno, Giovanni Porcelli, Chiara Cariglia, Andrea Mascioli
The EEO is inapplicable in Italy...
About fifty fellow-members from all Italy and even Sicily answered present at the invitation.
After a short presentation of the AUGE association by our colleague Francesca Biondini, our fellow-member Andrea Mascioli announced the role of the speakers and the agenda for the day. The menu including the European Regulations among which (EC) Regulation n°1393/2007 of 13 November 2007 on the service of judicial and extra-judicial documents, (EC) Regulation n°805/2004 of 21 April 2004 creating an European Enforcement Order for uncontested claims, and (EC) regulation n° 861/2007 instituting a European procedure of payment for Small claims.
Marcolucio Campiani, lawyer, exposed the characteristics of (EC) Regulation 1393/2007, after having as a preliminary pointed out the will of the Council of Tampere in 1999 to create “an area of freedom, security and justice in Europe”
Giovanni de Filippo, Italian judicial officer, spoke about the practical experience of these regulations within the offices of “Ufficiale judiciari” in Italy.
Rose-Marie Bruno, in her capacity as expert of the UIHJ, shared the French experience on the matter insofar as the French judicial officer is at the same time the transmitting and the receiving entity. Our colleague showed the practical methods to locate, via Internet and the European Judicial Atlas, the qualified entity in each country of the European Union.
In addition she insisted on the added-value of the personal service of document by a professional such as a judicial officer compared to the registered letter, in particular as for the possibility offered to the addressee, in article 8 of the regulation, to refuse the document for lack of translation. However if the latter receives the document by registered letter, how can he know what it contains and thus refuse it?
Early afternoon, Giovanni Porcelli, professor of civil procedure, presented (EC) Regulation 805/2004 of 21 April 2004 on the European Enforcement Order.
Mr. Porcelli also raised the problem arising from one of the conditions of the EEO in Italy. Indeed, he said: “the incontestability of the claim (il non incontestabile) does not exist in Italy. There will never thus be EEO in Italy, except in three rare cases: confession, default judgment and refusal to take oath”.
Patience and confidence
Towards 16:15, it is as a neighbor that Senator Domenico Benedetti Valentini, recorder of the commission of the laws to the Senate, came to inform the profession of the evolution of the justice reform in Italy. “The problem raised is that of the effectiveness of justice, a zone of great efficiency and great abnegation” he declared. And to add: “We listen to all the involved parties, those who authorize and those who resist, and we are conscious that it is necessary to reduce public costs”. To the interrogation of a fellow-member on the present stage of the text on the liberalization of the function of judicial officer in Italy, while at the same time 19 country out of the 27 of the European Union profit from a liberal statute, the senator answered: “I of course have heard the remarks of Mr. Jacques Isnard in Rimini on the advantages of the liberal statute. Your colleague representing here the UIHJ testifies to the support which is brought to you by this wide organization. It is necessary to be patient and to have confidence” he concluded before leaving the audience.
Mrs. Bruno, going back to her presentation, then exposed the problems arising from the condition of the “incontestability of the claims” as regards EEO, in France, where de facto can only be concerned judgments which are not challenged by the defendant. Chiara Carigila, professor of civil procedure, developed at the end of the day (EC) Regulation n° 861/2007 instituting a European procedure of payment for small claims.
The works ended after a profitable exchange with the room, at around 18:30. It is necessary to greet the achievement carried out by our Italian colleagues - who are let us recall it, civil servants - to have succeeded in organizing such a remarkable training day, both in terms of organization and the choice of the speakers as in the contents of the works.
Congratulations!!!
