Analysis of Judgment No. 22110 of 2023: Legal Aid at State Expense and Income Declaration

The recent judgment No. 22110 of March 14, 2023, filed on May 23, 2023, provides important clarification regarding the procedure for admission to legal aid at state expense. In particular, the Court has established that the substitute declaration of certification concerning income conditions does not need to be submitted as a separate attachment but can be included directly in the application for admission.

The Regulatory Context

The issue addressed by the Court falls within the relevant regulatory framework, particularly in Presidential Decree No. 445 of December 28, 2000, and Presidential Decree No. 115 of May 30, 2002. These regulations govern free legal aid for those in need, recognizing the right to access justice even for those in difficult economic conditions. Judgment No. 22110 further clarifies the procedures for completing the application, simplifying the process.

Application for admission - Separate declaration regarding income conditions - Necessity - Exclusion - Reasons. For the purposes of admission to legal aid at state expense, the substitute declaration of certification referred to in Art. 46, paragraph 1, letter o), Presidential Decree No. 445 of December 28, 2000, certifying the existence of conditions of total income assessable pursuant to Art. 76 of Presidential Decree No. 115 of May 30, 2002, does not need to be the subject of a separate attachment, as it can be included in the application itself, for which no formal assumption of responsibility by the declarant is required. (In its reasoning, the Court specified that the procedure for admission to legal aid at state expense is based on simplicity of forms and it is entirely irrelevant that the substitute declaration does not contain any reference to the penalties provided for false or misleading declarations).

Practical Implications of the Judgment

This ruling has several practical implications for users of the Italian legal system:

  • Simplification of Procedures: The ability to include the income declaration in the application for admission represents a significant step forward towards bureaucratic simplification.
  • Access to Justice: By removing the obligation to attach separate documentation, access to legal aid is facilitated for those facing economic difficulties.
  • Focus on Income Conditions: The judgment reaffirms the importance of verifying income conditions, but in a context of greater flexibility.

Conclusions

Judgment No. 22110 of 2023 represents an important step forward in safeguarding the right to access justice, particularly for individuals in economic hardship. The simplification of procedures for legal aid at state expense not only streamlines the bureaucratic process but also ensures that less affluent individuals can defend their rights without further obstacles. It is hoped that these guidelines will be followed in other areas of law to promote a more equitable and accessible justice system.

Bianucci Law Firm