THE PRESIDENT OF THE REPUBLIC

Having regard to articles 77 and 87 of the Constitution;
Considering the extraordinary necessity and urgency to deflate the overload of work of the Courts of Appeal with regard to the appeals filed to obtain equitable reparation in the event of violation of the reasonable term of the trial;
Considering the extraordinary need and urgency to simplify and speed up the competition procedure for the appointment of justices of the peace, as well as to adapt the staff of the administrative staff of the Higher Council of the Judiciary;
Considering the extraordinary necessity and urgency of adopting interventions for the strengthening of the prison administration structures, considering the inefficiency and antiquity of the existing prisons and their overcrowding;
Finally, considering the extraordinary need and urgency to rationalize the functionality of the sections of the Court of Cassation;
Given the resolution of the Council of Ministers, adopted at the meeting of 6 September 2002;
On the proposal of the President of the Council of Ministers and the Minister of Justice, in agreement with the Minister of Economy and Finance;

EMANA

the following decree-law:

Chapter I
Amendments to the law 24 March 2001, n. 89, containing the provision of equitable reparation in case of violation of the reasonable time limit of the trial and modification of article 375 of the code of civil procedure.

Art. 1.

1. After article 2 of the law of 24 March 2001, n. 89, the following is inserted:
   "Art. 2-bis (Settlement agreement). - 1. The request for equitable reparation referred to in article 3 is proposed only after ninety days have elapsed from that in which the interested party, also personally and upon indication of the domicile elected, has communicated the willingness to introduce the action for equitable reparation, by registered letter with acknowledgment of receipt sent to the office of the State Attorney's Office in the district of the Court of Appeal where the trial was held or is being held from which the prejudice originated. The communication is accompanied by the introductory document, the minutes of the procedural activities as well as, if any, the decisions that defined each stage and grade of the judgment to which the request for equitable reparation refers. The aforementioned communication, accompanied by the deeds and documents, is a condition of admissibility of the application referred to in Article 3.
2. The copy of the communication referred to in paragraph 1 alone is simultaneously sent by the interested party, by the same means, to the Minister of Justice when it comes to proceedings under the jurisdiction of the ordinary judge, to the Minister of Defense when it comes to proceedings under the jurisdiction of the military judge and to the President of the Council of Ministers in any other case. The proceedings of the tax judge are excluded from the settlement agreement referred to in this law.
3. The State Attorney's Office evaluates the documentation attached to the communication referred to in paragraph 1 and, having consulted the administrations concerned and acquired, where deemed appropriate, from the competent judicial offices a copy of further deeds and documents deemed relevant in addition to those that the interested party must produce pursuant to paragraph 1, within the term of ninety days communicates a settlement proposal to the interested party.
4. The State Attorney's Office determines the contents of the settlement proposal by applying objective parameters connected to the duration and type of procedure, also taking into account the procedural conduct of the applicant party and the outcome, even potential, of the judgment held or in progress, following the guidelines established by decree of the President of the Council of Ministers to be adopted within sixty days from the date of entry into force of this article, as well as the specific indications that the administrations concerned have deemed appropriate to transmit in relation to the concrete case.
5. The communication referred to in paragraph 1 suspends, for the entire duration of the negotiations and in any case for no more than ninety days, the expiry of the forfeiture period referred to in Article 4.
6. The negotiations are carried out within ninety days of receipt of the communication referred to in paragraph 1. Once this term has elapsed in vain, the negotiations are in any case considered completed.
7. The settlement deed is signed for the state by the state attorney general or, by proxy, by a state attorney or district attorney and is enforceable against the administration concerned. It is drawn up in triple original, one of which is immediately sent by the Attorney's Office to the Ministry of Economy and Finance so that it can pay the sum agreed with the transaction within ninety days of signing the transaction, another to the instant party and the third is deposited in the registry of the Court of Appeal where the judgment which gave rise to the prejudice took place or is in progress. A copy of the settlement deed is sent, without delay, by the registry, to the Attorney General of the Court of Auditors.
8. The clerk of the Court of Appeal where the judgment from which the prejudice originated was carried out or is being carried out, once the term provided for in paragraph 7 has expired and the conformity between the original filed and that exhibited by the interested party has expired, it is responsible for sending it to the latter in executive form pursuant to article 475 of the code of civil procedure.
9. The transaction deed is exempt from registration tax.
10. The fees for any assistance and advice given for the purpose of defining the settlement agreement remain the responsibility of each party. The fee paid to the State Attorney's Office is determined in an amount corresponding to the minimum indicated by the professional rates reduced to a quarter.
11. For the completion of the pre-litigation phase referred to in this article by the State Attorney's Office, the administrations concerned shall, pursuant to article 14 of the law of 7 August 1990, n. 241, to the provision of premises and of equipments also informatiche, as well as to the attribution, by means of command or detachment of units of administrative personnel in possession of specific professionalities.
12. With regard to the pending proceedings referred to in Article 3, which at the date of entry into force of this article have not yet been decided upon, the State Attorney's Office of the District Court of Appeal where the judgment is pending may formulate the settlement proposal up to the assignment of the case for decision.
13. The transaction concluded while the judgment referred to in article 3 is pending includes the conventional definition of the related expenses and its signing entails a waiver of the acts of the judgment itself and produces its extinction pursuant to article 306 of the code of civil procedure. The extinction is declared by decree by the President of the panel of the Court of Appeal at which the judgment is pending. ".

Art. 2.

1. In article 3 of the law of 24 March 2001, n. 89, the following changes are made:
   1. paragraph 3 is replaced by the following: "3. The appeal is filed against the Minister of Justice when it comes to proceedings under the jurisdiction of the ordinary judge, to the Minister of Defense when it comes to proceedings under the jurisdiction of the military judge, the Minister of the Economy and Finance when dealing with criminal tax proceedings and to the President of the Council of Ministers in any other case. The proceedings under the jurisdiction of the tax judge are excluded from the appeal under this law. ";
   2. in paragraph 6, the words: "The decree is immediately enforceable." are replaced by the following: "The decree is motivated in summary form, even if only with the reference to previous compliant decisions, omitted any reference to the development of the facts not strictly necessary for the purposes of the decision; it is immediately enforceable.";
   3. after paragraph 6 the following is inserted: "6-bis. The Court of Appeal, in the decision of the procedure referred to in this article, comparatively examined the positions taken by the parties during the negotiations referred to in article 2- bis and, by way of derogation from articles 91 and 92 of the code of civil procedure, can exclude, in whole or in part, the repetition of the expenses incurred by the winner, or even order him to reimburse, partially or totally, the expenses incurred by the unsuccessful party, if it appears that he has unreasonably refused to adhere to the settlement proposal formulated pursuant to article 2-bis with a content similar to that of the decree referred to in paragraph 6. ".

Art. 3.

1. In article 5 of the law of 24 March 2001, n. 89, after paragraph 1, the following are added at the end:
   "1-bis. The clerk immediately communicates the decree referred to in paragraph 1 to the Ministry of Economy and Finance so that it can make payment within ninety days from the date of publication of the decree.
   1-ter. Once the terms referred to in paragraph 2 have elapsed, any notification of the precept and the subsequent acts of forced execution of the executive titles referred to in articles 2-bis and 3 are in any case carried out against the Ministry of Economy and Finance, regardless of the administration against which the title to be executed was formed. ".

Chapter II
Urgent measures for the appointment of justices of the peace and to support the government of the judiciary

Art. 4.

1. In article 4 of the law of 21 November 1991, n. 374, and subsequent amendments, the following amendments are made:
   1. paragraph 1 is replaced by the following: "1. The president of the Court of Appeal, at least six months before the planned holidays occur in the organic plant of the district justice of the peace offices, or upon the occurrence of the vacancy, publication of vacant positions in the district by posting on the website of the Ministry of Justice, as well as in the Official Gazette. The sixty-day deadline for submitting applications runs from this last publication, which indicates the requisites possessed and contains the declaration certifying the non-existence of the causes of incompatibility provided for by law. The president of the Court of Appeal also requests the mayors of the municipalities concerned to post the list of holidays and the deadlines for the presentation of the questions from interested parties. ";
   2. after paragraph 1 the following is inserted:
      "1-bis. Interested parties cannot apply for admission to the internship in more than three different districts in the same year and cannot indicate more than six locations for each district.".

Art. 5.

1. In article 3 of the legislative decree February 14, 2000, n. 37, the following changes are made:
   1. in paragraph 1, the words: "the CSM, within the limits of the funds allocated for its functioning, can stipulate" are replaced by the following: "The Presidential Committee, within the limits of the funds allocated for the functioning of the CSM, can authorize the stipulation of ";
   2. in paragraph 1, after the word: "vice president", the following are inserted: "and of assistance to the directors";
   3. in paragraph 2, the word: "ten" is replaced by the following: "twenty-six";
   4. the following paragraph is added at the end: "4-bis. The Secretary General will fulfill the requirements of this article.".

1. In article 5, paragraph 4, of the legislative decree February 14, 2000, n. 37, the following changes are made:
   1. the word: "one year" is replaced by the following: "eighteen months";
   2. the word: "CSM" is replaced by the following: "The Presidential Committee with its own provision".

Chapter III
Urgent interventions for the strengthening of the prison administration structures

Art. 6.

1. The Minister of Justice prepares, within one hundred and twenty days from the date of entry into force of this decree, an extraordinary multiannual plan of interventions for the acquisition and structural adaptation of buildings, works, infrastructures and systems essential for the strengthening of the penitentiary sector, also using the tools provided for by article 145, paragraph 34, letter c), of law no. 388, for a total charge of € 93,328,000.

Chapter IV
Amendments to article 67 of the royal decree of 30 January 1941, n. 12, containing the judicial system

Art. 7.

1. In article 67 of the Royal Decree of 30 January 1941, n. 12, the following paragraph is added at the end:
   "The presidency of the colleges of the simple sections is assumed by a president of the section, or, in his absence, by the magistrate of the same section with greater seniority in the exercise of the functions of legitimacy.".

Chapter V
Amendments to the decree-law 6 May 2002, n. 83, converted, with modifications, by the law 2 July 2002, n. 133, containing urgent provisions on personal security and further measures to ensure the functionality of the offices of the Interior Administration

Art. 8.

1. With the decree-law of 6 May 2002, n. 83, converted, with modifications, by the law 2 July 2002, n. 133, the following changes are made:
   1. in article 2, paragraph 5, second sentence, after the words: "of the Financial Police Corps," the following are inserted: "of the Penitentiary Police Corps,";
   2. in article 2, paragraph 6, after the words: "of the Finance Police Corps" the following are inserted: "and, limited to the services of protection and surveillance of persons belonging to the Administration of Justice, of the Penitentiary Police Corps" .

Art. 9.

1. For the implementation of the program referred to in article 6, the expenditure of € 10,694,896 for the year 2002 and € 20,658,276 for the years from 2003 to 2006 is authorized. 2002, 2003 and 2004, by means of a corresponding reduction in the appropriation entered, for the purposes of the 2002-2004 three-year budget, in the context of the basic forecasting capital account "Special Fund" of the budget of the Ministry of Economy and of finance for 2002, using the provision relating to the Ministry of Justice for this purpose.
2. The Minister of the Economy and Finance is authorized to make the necessary budget changes with his own decrees.

Art. 10.

1. This decree enters into force on the day following that of its publication in the Official Gazette of the Italian Republic and will be presented to the Chambers for conversion into law.
   This decree, bearing the seal of the State, will be included in the Official Collection of legislative acts of the Italian Republic. Anyone responsible is obliged to observe it and have it observed.

Given in Rome, on 11 September 2002

CIAMPI
Berlusconi, President of the Council of Ministers
Tremonti, Minister of Economy and Finance
Seen, the Keeper of Seals: Castelli