On Saturday 19th April, the Corriere della Sera reported in its paper edition an important victory for transparency in the Italian judicial system, also achieved thanks to our Partner Paolo Flavio Mondini, in his capacity as scientific director of the Business Law project.
A recent decision by the TAR of Lazio has in fact annulled a decree of the Ministry of Justice that provided for the generalized anonymization of names and dates in the recently created database of civil judgments on the merits. This measure, introduced with the aim of disclosing judicial precedents as required by the PNRR but obscuring all the data of the parties, had paradoxically made the judgments substantially incomprehensible. The TAR has accepted the appeal presented by our Partner Paolo Flavio Mondini and by the lawyer Matteo Rescigno, also on behalf of the Disiano Preite Association, with the participation of many other university professors and the Milan Bar Association.
The Court justified its decision by emphasizing that indiscriminate anonymization was not “reasonable, proportionate or necessary”, compromising the understanding of the sentences. The TAR also recalled that the existing legislation (legislative decree 196/2003) already regulates the balance between privacy protection and access to sentences, delegating the evaluations on anonymization to the judicial authority and not to the administration.
Congratulations to Paolo Flavio Mondini for this important result achieved in the collective interest in favor of greater transparency of the Italian judicial system.
