The Council of Ministers approves the draft Law on Procedural Efficiency of the Public Justice Service which integrates a package of legislative reforms in order to modernize justice.
Thus, in statements by the Minister of Justice, the The preliminary project aims to be “a new instrument to advance the Public Justice System, thinking about the citizen and putting them at the center of all management”. Thus, the draft itself highlights the importance of citizens feeling like protagonists of their own problems and responsibly assuming the most appropriate solution.
Title I of the preliminary draft includes a block of reforms aimed at the insertion of adequate means of dispute resolution, next to the jurisdiction itself, considering it essential for the consolidation of a sustainable public justice service.
The objective of using these mechanisms is to enhance the negotiating capacity of the parties, in the belief that in this way the reduction of social conflict is encouraged, the overload of the courts is avoided, and they are equally appropriate means for the vast majority of disputes. in civil and commercial matters.
In order to break the dynamics of confrontation and tension and based on the idea that “justice is not only the administration of contentious justice.” The draft aims to promote mediation in all its forms, this alternative dispute resolution mechanism being one of the appropriate means of dispute resolution with which the procedural requirement contained in article 1 of the draft bill would be met (“It will be considered a procedural requirement to first resort to some appropriate means of dispute resolution for the claim to be admissible.").
One of the novelties introduced by the draft bill is that the agreement reached “will have the value of res judicata for the parties, and they will not be able to present a lawsuit with the same object”, having to be judicially approved when it is processed or elevated to a public deed so that it has the value executive title.
Finally, mention that the draft regulates the implementation of the MACS in civil and commercial matters, including cross-border conflicts, but is awaiting future regulation of these same means in other matters, making express mention in the Explanatory Memorandum of controversies. in the administrative field and in the contentious-administrative jurisdictional order.
