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Civil Justice in CrisisComparative Perspectives of Civil Procedure$
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Adrian Zuckerman

Print publication date: 1999

Print ISBN-13: 9780198298335

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198298335.001.0001

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Civil Justice and its Paradoxes: An Italian Perspective

Civil Justice and its Paradoxes: An Italian Perspective

Chapter:
(p.263) 8 Civil Justice and its Paradoxes: An Italian Perspective
Source:
Civil Justice in Crisis
Author(s):

Sergio Chiarloni

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198298335.003.0008

In Italy there seems to be a sharp contrast between the law as it is written in the books and its operation in reality. Article 24 of the Italian Constitution (Costituzione) gives every citizen the right to take legal action in the courts to protect his or her rights and interests. Further, Article 24 requires the state to provide legal aid to those who cannot otherwise afford legal proceedings. Yet, the reality is very different from these declamations. In practice, whenever the provision of access to justice proves difficult, the state fails to take adequate measures to overcome the difficulties. This chapter discusses the deterioration of ordinary proceedings in civil justice, the evolution of procedural science, the paradox of civil justice, explanations for the deformation of Italian civil procedure, special proceedings m protect privileged interests, interests served by ordinary process delays, prospects for change, and the spread of alternative dispute resolution.

Keywords:   civil procedure, procedural reform, civil litigation, Italy, civil justice

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