Edited by: Dr. Eleonora Ebau, Research Fellow, Department of Law, UniTo.
Definition and Regulatory Framework of the Office for the Trial
The Office for the Trial (Ufficio per il Processo – UPP) is an organizational structure (provided for by Article 16-octies of Decree-Law 179/2012) operating within Tribunals and Courts of Appeal with the aim of ensuring the reasonable duration of trials through the innovation of organizational models, the increase of human resources, and a more efficient use of information and communication technologies. The implementation of the UPP in Italy stems from the intersection of two primary requirements. On the one hand, in light of numerous and positive experiences gained in several foreign countries (United Kingdom, USA, France, and Spain), the need for judges to have a support team in carrying out judicial activities, as well as activities complementary to the latter, was recognized in Italy as well. On the other hand, the need emerged to employ competent personnel for the application of new tools resulting from technological innovation, as well as to rethink the organization of judicial work. The establishment of the UPP as a body composed of judicial assistants aiding the judge, along with the reorganization of both human and material resources "complementary" to the judicial offices, are placed within this context. The recent Cartabia Reform ordered the mandatory establishment of the UPP in all Italian judicial offices, providing a complete and systematic regulation thereof and extending this tool to the Supreme Court of Cassation, the General Prosecutor's Office at the Supreme Court of Cassation, as well as to the lower courts of the criminal sector.
Implementation of the UPP with the Cartabia Reform
In order to implement the UPP, the Cartabia Reform intervened on various fronts, involving several entities, including those external to the Ministry of Justice. First of all, with the funds allocated to Italy under the NRRP, 8,250 UPP staff members were hired on a fixed-term basis and entered into service starting from February 2022, forming the staff of the "new UPPs" in the various judicial offices. Furthermore, through a 2021 ministerial call for tenders, Italian public universities were called upon to collaborate in order to foster the full functionality of the UPPs throughout the national territory. The university projects resulting from this call cover a timeframe ranging approximately from April 2022 to September 2023. Specifically, universities intervened not only through the training of young jurists who will potentially fill the role of UPP staff members, but also through the design of those innovations – both IT and organizational – necessary to make the justice system more efficient.
Ministerial Call: Lines of Action for the Implementation of the Office for the Trial
The ministerial call provided well-defined lines of action for the universities. Specifically, Line 1 concerns the "Definition of operational modules for the constitution and implementation of the Office for the Trial," meaning the survey of already existing UPPs in order to detect their composition, functioning, organizational modules, potential critical elements, and strengths. Line 2 provides for "the identification of models for the management of incoming flows and backlogs at the judicial offices." In other words, this line of intervention aims to outline work methodologies that allow for the disposal of backlogs and prevent their formation. Within this line, not only jurists but also business management experts and IT specialists are involved, with the purpose of employing new management models, as well as the application of artificial intelligence and the creation of new databases. Line 3 then concerns "the activation and experimentation of models and plans relating to the previous actions." Finally, through Line 4, universities deal with the "Redefinition of training models and the consolidation of relations between stakeholders." In substance, therefore, universities must provide for new experiential teaching methodologies involving the learning of soft and cross-disciplinary skills for students, including through collaborative projects between universities and judicial offices.
Multiple Bodies Involved in the Constitution and Implementation of the Office for the Trial
From the framework outlined so far, it appears clear how the Cartabia Reform, in providing a more complete and systematic regulation of the UPP, actively involved not only the Ministry of Justice but also individual judicial offices and universities, in order to create a synergy among the various stakeholders throughout the national territory.