Litigation activity

The "numbers" of the Advocacy

The new business established by the Avvocatura dello Stato in 2007 reached, throughout Italy, the number of approximately 200,000 (approximately 50,000 in the Rome headquarters), with a slight decrease compared to the 215,000 of the previous year (consequent - indeed - only to the appropriate subtraction from the patronage of the Advocacy of the social security and welfare matters): in particular - and broadly speaking - 100 affairs before the community judges (where the organic nature and exclusivity of the defense of the State by its Advocacy is the logical consequence of the interconnection between Community and national jurisdiction); 800 before the Constitutional Court, 10,000 before the Court of Cassation (with a decrease compared to the previous year, due to the definition of some serial cases, such as those relating to penalties due for the overrun by Italian producers of the so-called "milk quotas" community), 2,300 before the Council of State, and so on. In particular in the Roman seat, with regard to ordinary jurisdiction, about 1000 cases have been opened before the justices of the peace, 6000 before the District Courts, as many before the Court of Appeal (mostly relating to the Pinto law); and with regard to administrative jurisdiction, there are over 8000 new business before the Lazio Regional Administrative Court. The percentage of cases won is far higher than that of lost cases (even if those in which the loss is minimal, sometimes even infinitesimal, are formally considered lost): over 60% in cassation, 73-74% before the ordinary and administrative courts; on the other hand, a strongly negative percentage for the Court of Appeal due to the inevitable significant impact of the affairs relating to the Pinto law. And the overall expenditure for our operation is very low. The Higher School of Public Administration has recently "measured", in an in-depth study, the activity of the State Attorney's Office, as well as the related burden for the State. The entire work of the Avvocatura weighs on the budget for about 157 million euros. In the report, this burden is divided by approximately 200,000 business (qualified as “equivalent”, because they also take into account the higher numbers of the previous five-year period). The result is surprising: 785 euros for each legal deal (it would be 920 if the reference were with the real numbers of 2006, ie 170,000 deals), we could say 10% of the “market” cost.