91997E2779

WRITTEN QUESTION E-2779/97 by Luigi Florio (UPE) to the Commission (1 September 1997)

Subject: The justice system in Italy

1. Is the Commission aware of the serious deterioration in the system of justice - civil, penal and administrative - in Italy?

2. Is it aware of the unacceptable length of proceedings, the increasingly obvious politicization of a substantial section of the magistrature and the feuds between certain legal offices?

3. Does it not consider that this situation, which has led to almost universal distrust in the State's ability to ensure that justice is done, is creating serious problems for Italy, even in the economic sphere, entailing undoubted disadvantages and greater risks for anybody operating in Italy, and thereby also jeopardizing the proper functioning of the single market?

4. Does it consider it should put forward proposals aimed at reestablishing a more 'neutral' and rapid justice system, more in line with that in other EU countries, since the Union's objectives under the Maastricht Treaty include the development of close cooperation in the sphere of justice?

Answer given by Mrs Gradin on behalf of the Commission (30 September 1997)

The Commission has noted the concerns expressed by the Honourable Member.

As the Honourable Member mentions, judicial cooperation between the Member States is a matter of common interest under Article K.1 of the Treaty on European Union. Once the Amsterdam Treaty comes into force, judicial cooperation in civil matters will be covered by Article E of a new Chapter in the EC Treaty entitled 'Progressive establishment of an area of freedom, security and justice'.

However, the Commission would point out that the aim of judicial cooperation is to enable the national legislative systems in the Union to operate in a coordinated and harmonious way. It is not intended to remedy shortcomings in the administration of justice or politicisation of the judiciary. These matters fall within the competence of the Member States and the Commission does not intend to put forward the proposals suggested by the Honourable Member.