Civil justice does not exist in Italy

Foreword: We are one of the most quarrelsome peoples in the world. Every year, five out of 100 Italians initiate a lawsuit, for a total of 4.768 first-instance trials per 100 inhabitants. But behind this insane level of litigation (twice that of the French and Spanish) lies a trick: we often end up in court because, even if we're in the wrong, thanks to the biblical timeframes of the Italian justice system, we stall and perhaps fail to honor our commitments. A very expensive and wasteful judicial procrastination, so to speak. An example? Collecting a trade debt in Italy takes about four years, while in Germany it takes a maximum of 300 days. So, in Italy, litigation is preferred, with the hope that the money can then be saved permanently. Maybe just to exhaust the other party.

A study of the legal systems of 100 countries conducted by the World Justice Project (an association founded by American lawyers) has recently certified that the Italian civil justice system is one of the least effective and transparent in the Western world. The average length of a civil case is around 10 years, in the South there are 3,3 million cases awaiting trial, and in a small court like the one in Messina, each judge must process a backlog of 1.500 cases.

In the folds of a justice civil which in fact does not exist, Corruption is growing, with levels in Italian judicial offices similar to those in countries like Indonesia, Iran, and Jamaica. To these biblical times, we must add the complexity of procedures that fuel delays, waste, and corruption. A civil proceeding, even at the first instance stage, must go through a tunnel of over 40 steps. And with this type of process, the only ones who stand to gain anything are the lawyers and the nonexistent justice bureaucracy. Thus, 30 percent of the value of a dispute, even before a judge's verdict, is lost in the payment of lawyers' fees. Some say the system doesn't work because of a lack of resources. This isn't true. Financing the judicial system in Europe costs 57,4 euros per capita; in Italy, it reaches 73 euros, and only in Switzerland are costs higher, with the difference that there cases go to trial and citizens feel protected. Finally, speaking of the system, at this rate, the Italian civil justice system burns through 20 billion in GDP every year.

A significant sum, especially at a time when Italian business turnover is stagnant due to the recession and our low productivity.