Provisions in articles 1 and 2 of decree law no. 11 of 2020
In accordance with art. 1 of the D.L. 11/2020, harmonized with the D.P.C.M. 8 and 9 March 2020, until 31 March 2020, the hearings of the civil and criminal proceedings pending at all the judicial offices are suspended with the exceptions indicated in Article 2, paragraph 2, letter g), which concern cases about minors, alimony and maintenance obligations, support administrations, compulsory health treatment, voluntary interruptions of pregnancy, orders against family abuse and expulsions, as well as cases concerning the suspension of executions of sentences pursuant to Articles 283, 351 and 373.
In this latter regard, it should be noted that, in expressly referring only to Articles 283, 351 and 373 of the Code of Civil Procedure, the legislator refers textually to “all proceedings whose delayed processing may cause serious injury to the parties. In the latter case, the declaration of urgency is made by the head of the judicial office or his delegate at the bottom of the summons or appeal, by decree that cannot be challenged and, for cases already initiated, by order of the investigating judge or the president of the college, equally not appealable”.
It seems frankly at least doubtful that the above-mentioned statement, being inserted in the context of the procedures for suspension of executions during the appeal, may also concern the causes of employment and especially those relating to dismissals.
If this were the case, the Legislator would have invoked the rules relating to Labour Law procedures or at least provided for the exception in question in an autonomous point and not in close correlation with the aforementioned procedures for the suspension of executions.
Also the reference to "precautionary proceedings having as their object the protection of the fundamental rights of the person", as inserted, again in the aforementioned letter g), between the list of proceedings relating to obligations and maintenance and those of adoption, abortion interventions, disqualification, disablement and similia, does not appear to refer to cases in Labour Law, never mentioned by the Decree in question, also in view of the fact that the serious prejudice feared by the Legislator does not seem to be able to derive from a postponement of a few weeks of a case of work, in view of the existence of income support benefits (such as NASPI for dismissed workers) and the general principle that ubi lex voluit dixit, ubi noluit tacuit. Likewise, note 2179 of 11.3.2020 of the National Labour Inspectorate seems to be of the same opinion, according to which "the exceptions relating to civil proceedings listed in No. 1 of the aforementioned Art. 2, paragraph 2, letter g) ... do not concern proceedings within the competence of the INL".
It should also be noted that the Coordination Office of the Forensic Congress Organism has called, again in relation to the current pandemic, "the abstention from hearings and all judicial activities, in all areas of the Jurisdiction, for the period of fifteen days from 6 to 20 March 2020".
The abstention was qualified as a "legitimate impediment" to protect the health of lawyers and all Italian citizens in a letter sent by the Attorney General to the Minister of Justice.
