Justice

Collegial magistrate postponed to March. Reform for the forensic examination

In the decree-law approved yesterday, the postponement of the rule on personal precautionary measures, the new discipline for lawyers, exceptions to the limit of 10 stays in judicial offices

by Giovanni Negri

5 June 2026

3' min read

Translated by AI

Versione italiana

3' min read

Translated by AI

Versione italiana

Postponedto March 2027 the gip collegiate for the adoption of personal precautionary measures. In the decree-law approved on Thursday 4 June by the Council of Ministers, in fact, in charge of the Ministry of Justice and the Ministry of the Interior is the postponement of one of the cornerstones of the Nordio law, no. 114 of 2014, the shift from the monocratic judge to a panel of three gip when a measure restricting personal freedom is under discussion.

This was announced by Nordio himself, pointing out that while there is no backtracking on the measure, the postponement is a consequence of the current criticality of the gip staff, repeatedly pointed out by both the Csm and the Anm, to cope with the novelty. On the basis of data from the Superior Council of the Magistracy, in fact, compared to a total staff, in the various judicial offices, of 803 gip, those actually in service are 680.

News on the forensic examination

The provision also includes the new discipline of the forensic examination, with the deletion and the immediate entry into force of what is envisaged on this point by the enabling act approved by the Chamber of Deputies and now under discussion in the Senate. Decidedly in favour is the president of the Cnf Francesco Greco: 'Thus future candidates will have a framework of certain rules at their disposal.

In particular, the examination will consist of two written and one oral test. The first will consist of writing, in person and by word processing, with the sole aid of the codes annotated with case law, a reasoned opinion on a question proposed in a subject chosen by the candidate from among private law, criminal law and administrative law, and a judicial document, with knowledge of substantive and procedural law, on a question proposed in a subject chosen by the candidate from among private law, criminal law and administrative law.

Industrial Property and Copyright

In the decree there is also the adaptation of the European obligations, in line with the case law of the EU Court and in the context of infringement, in the field of industrial property and copyright and the timeliness of payments for expenditure on eavesdropping.

Court Offices

In terms of the sustainability of the functionality of judicial offices and in order to try to ensure the continuity of the organisational reforms (juvenile and family court, collegial judge and functionality of the new server rooms, increase of the Justice of the Peace's jurisdiction), it is envisaged to accompany their entry into force only under assured staffing conditions, avoiding that the maximum terms of permanence of magistrates empty entire sections. Consequently, exceptions are introduced to the ordinary tenure limit, ten years, in the same post by magistrates.

Space then goes to the introduction of a time limit on professional liability actions against notaries, to protect the certainty of relations and the sustainability of the profession.

Immigrazione

On the of immigration and coherently with the part of the decree in the Ministry of the Interior, the decree law establishes, among other things, the attribution to the specialised sections, instead of the Court of Appeal of the competence in matters of validation of restrictive measures of the personal liberty of asylum seekers, to which is added the new competence on the complaint against the measure of authorisation to reside in a specific place, which must be compulsorily adopted when the border procedure is applied.