Commentary on Ordinance No. 965 of 2025: Exemption from Legal Fees and Self-Certification

The recent Ordinance No. 965 of January 15, 2025, from the Court of Appeal of Salerno provides important clarifications regarding the exemption from legal fees, particularly concerning the validity of substitute declarations for certification. This ruling is set against a legal context where the right to exemption from legal fees is guaranteed to those in economically difficult situations, but often clashes with the rigidity of bureaucratic procedures.

The Regulatory Context

According to Article 152 of the implementing provisions of the Code of Civil Procedure, the party requesting exemption from legal fees must present a declaration attesting to having an income below the established threshold. The Court, in its ordinance, emphasizes that such a declaration does not need to follow a rigid format, but can be drafted flexibly.

  • The lack of specific indication of the reference year for the income is considered irrelevant.
  • The submission of the declaration is also permitted close to the hearing date for the appeal.
  • The imposition of costs, issued in the absence of a proper assessment of the economic situation, is considered devoid of jurisdictional power.

Analysis of the Ruling

Exemption in case of defeat under Article 152 of the implementing provisions of the Code of Civil Procedure - Substitute declaration for certification - Drafting methods - Lack of specific indication of the year to which the income refers - Irrelevance - Reasons - Submission of the declaration close to the hearing date for the appeal - Admissibility - Imposition of costs nevertheless issued - Consequences. Regarding exemption from legal fees under Article 152 of the implementing provisions of the Code of Civil Procedure, the substitute declaration for certification does not need to be drafted according to a rigid and predetermined format, so that a declaration lacking a specific indication of the year to refer to the possession of an income below the legal threshold is also suitable for the purpose (since such a reference can implicitly be inferred from the wording of the cited provision that attributes importance "to the year preceding the initiation of the proceedings"), nor does it have preclusive relevance that the declaration was submitted only close to the discussion in the appeal, as the effectiveness of the self-certification must be understood as relating to the entire proceedings in connection with which it is presented; consequently, the imposition of costs nevertheless issued must be considered as pronounced in a situation of lack of jurisdictional power.

This maxim highlights the necessity of interpreting provisions in a way that guarantees the right to exemption from legal fees, avoiding excessive formalism. The Court emphasizes substance over form, thereby ensuring a more equitable access to justice.

Conclusions

Ordinance No. 965 of 2025 represents a significant step towards more accessible justice, where bureaucracy does not hinder citizens' rights. The flexibility required in drafting self-certifications and the consideration of the entire proceedings for the effectiveness of the declarations are elements that can make a difference in many situations. This ruling invites reflection on how law can and should evolve to meet the ever-changing social and legal needs.

Bianucci Law Firm