The novelties of the Cartabia Reform for the civil and family trial: the entry into force brought forward to February 28, 2023.

On 22 December 2022, an amendment to the budget law was approved which anticipates the entry into force of Legislative Decree no. 149 of 2022, already established in art. 35 as at 30 June 2023. The budget law provides that all proceedings introduced after 28 February 2023, therefore with summons served or appeal filed after 1 March 2023, will be subject to the new law.

Then there are some provisions, as already foreseen by Legislative Decree no. 149, those on the written and video conference hearing which will enter into force on 1 January 2023 and will be immediately applicable to the proceedings in progress.
With respect to appeal and cassation proceedings, the new rules on appeals in general and on appeals apply to appeals lodged after 28 February 2023.
For appeals in cassation, the new rules on the council chamber are introduced starting from 1 January 2023, for proceedings in which the council chamber has not yet been fixed on that date, according to the original provision of Legislative Decree n. 149.
Already on January XNUMX, the rule on the preliminary interpretative referral to the Court of Cassation also enters into force for proceedings pending at that date.
For the family and minors trial, entry into law is now set for February 28, 2023.
On the other hand, the legislation concerning the system of family mediators included in the implementing provisions (title II, chapter I bis), enters into force from 30 June 2023.
The new rules on the enforcement process, those that reform the enforcement formula -
articles 475, 478 and 479 cpc, those which provide for the repeal of art. 476 cpc- which eliminate the formality, will enter into force in relation to the precept deeds notified after 28 February 2023.
Compared to the technical consultants of the judge - Articles 15 and 16 avail. att., cpc – the new rules will enter into force only when the ministerial decree is issued which will fix the categories of the register and the sectors of specialization of each category (art. 13 disp. att, cpc).
As for mediation and assisted negotiation, the new rules relating to compulsory mediation and the application of legal aid, as well as the qualification to play the role of mediator will apply from 30 June 2023. They will also come into force on 28 February the new rules on legal aid in assisted negotiation.
Lawyer Armando Cecatiello Familiar Milan Lugano