Justice

Justice Decree-Law: new powers for justices of the peace postponed

The launch of the family court and the centralised servers for wiretapping has also been postponed. Investment in digital technology

by Giovanni Negri

13 June 2026

3' min read

Translated by AI

Versione italiana

Key points

3' min read

Translated by AI

Versione italiana

The Justice Decree-Law, which comes into force on Friday 11 June 2026, makes, amongst other things, the following operational in Italia the crackdown on the right to asylum. Within the comprehensive package of measures contained in the section of the decree-law dedicated to justice (Decree-Law 100, published on Friday 11 June in the Official Gazette), a series of postponements stands out. First and foremost, the entry into force of the collegial investigating magistrates has been postponed, with the critical shortage of investigating magistrates currently in service compared to the authorised staffing levels leading to the start date being moved from 25 August to 28 February 2027. The Ministry assures us that these months will be used to create the organisational conditions necessary for the collegial decision-making process regarding the adoption of personal precautionary measures.

Family Court

However, the decree also includes the postponements concerning the family court and the new powers of justices of the peace (which had, incidentally, already been the subject of a previous postponement). Another year’s time for both, but it is the former in particular that is shrouded in the greatest uncertainty, given that rumours of its possible abolition are growing, even though the new judicial office envisaged by the Cartabia reform for the civil sector has never even seen the light of day.

Cases involving personal property and road/water accidents

Regarding the new value limit for claims relating to movable property (from €10,000 to €30,000) and for claims for damages arising from road accidents and boating accidents (from €25,000 to €50,000), as well as for custody matters relating to condominiums, a new deadline for justices of the peace has been set for 31 October 2027.

Inter-district servers

The launch of the inter-district servers for interception activities has been postponed until 31 December 2027, although the original deadline was 28 February 2025.

Industrial property

With regard to industrial property, measures are being introduced to bring the Code into line with the judgment of the Court of Justice of the European Union in Case C-132/25, concerning the relationship between interim proceedings and proceedings on the merits. The provision establishes that interim measures are ineffective if proceedings on the merits have not been instituted or, where such proceedings have been instituted, if they have been discontinued.

In the event of an appeal seeking the revocation or a declaration of ineffectiveness of the interim measures adopted, the judge who issued the order, upon application by the party in whose favour the measures were ordered, shall allow that party to commence proceedings on the merits within the ordinary limitation periods, without affecting the validity of the measures originally ordered.

Costs of wiretapping

With regard to the payment of the costs of wiretaps, which have been the subject of criticism raised even before the European Court of Justice regarding whether or not the costs are of a commercial nature, the decree provides for amendments to the current regulations to reduce the risk of delays and litigation. In the event of the 30-day deadline being exceeded, the creditor shall be entitled to interest at the statutory rate for late payment and a percentage-based compensation on the amount due, structured in brackets linked to the duration of the delay.

On-call duty for magistrates

Changes have also been made to the rules regarding residency of magistrates within the same office. On a transitional basis, for magistrates who have already reached or are about to reach the maximum tenure limit and whose term expires before 31 December 2026, the expiry date is automatically extended until the end of the year.

Other changes, however, are of a structural nature: in particular, provision has been made to allow assignments to another grade or work group to be deferred for up to twelve months when the number of magistrates to be transferred exceeds one-third of the members of the section or work group. The deadline by which the magistrates concerned must submit a transfer application has also been reduced from six to three months, to bring the procedure more into line with the actual deadlines for the publication and filling of vacant posts.

Digitalisation of the justice system

A further €6.5 million has been allocated for 2026 and €17.5 million annually for each year from 2027 to 2034 to ensure the continuation and expansion of the process of digitisation of the administration of justice, guarantee the continuity of connectivity services and raise the security levels of digital infrastructure and information systems; 12.5 million per year from 2027 for maintenance and specialist support.

Giovanni Negri
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