Internal Regulations

Currently, all courts in the country operate according to a single regulation, enacted by the SCM. Only the ICCJ has adopted a separate regulation [8] . SoJust opposes this practice. The existence of a single regulation for approximately 230 courts is counterproductive – they have different degrees, different number of staff, operate in different geographical areas (which has led in concrete to the shaping of certain local practices).

In order to empower the courts and equally to make their activity more efficient, the SCM should adopt only a framework regulation , and the rest of each court should be given the possibility, possibly through the management board, to adopt the rules necessary for a good functioning in in relation to the specifics and natural needs of the region or area of ​​competence. we appreciate that this will lead not only to the general efficiency of justice as a public service, but equally if not even more important it will serve the interests of litigants, of citizens in general.

One of the most aberrant aspects is the one related to the work schedule of the magistrates . There are courts in which the presidents insist on completing the conditions of presence, although this obligation does not know any legal regulation. then, although the current Internal Regulations provide in a rt. 88 para. (1) that ” The working hours in the courts are 8 hours a day, for 5 days a week; the program usually starts at 8.00 and ends at 16.00″,often the court hearings take place outside these hours, regardless of whether they are civil or criminal proceedings. However, SoJust militates for a flexible work schedule of judges, the presence at the court will be ensured only to ensure the performance of judicial and, at most, administrative tasks. Such flexibility of the presence of judges at the court is imposed, at least at present, by the precarious material conditions they have, their offices being overcrowded and lacking the basic conditions of hygiene, aspects that negatively influence the work of the judge.