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Judicial co-operation
The Ministry of Justice's International Activities
The Ministry of Justice's international activities have, by now, taken on a role of primary importance within the context of Italian international relations.
The increasing number of exchanges between States, the ever-increasing circulation of people, goods and economic resources and the trans-national character of many different criminal organisations and activities, have indeed, convinced many countries of the importance of increased co-operation at a judicial level.
In the absence of a meaningful collaboration between countries and a rational legislative framework (supporting such co-operation and making it possible), many relations under both civil and commercial law would remain dependant on often heterogeneous and sometimes contradictory national legislative systems. The problem is even more acute when trying to mount effective operations combating all forms of crime (particularly organised crime) and terrorism. Such fragmentation of the law under different legal systems represents fertile ground for those operating outside the law, allowing them to expand and generalise their activities.
These are the reasons why the Ministry of Justice is involved in unceasing negotiations seeking to achieve two objectives:
- The signing of co-operation agreements with other countries permitting the equal and balanced development of the protection of citizens' fundamental rights, the regulation of inter-personal relations and certainty in the development of reciprocal economic and commercial relations,
- The development of advanced and effective forms of collaboration in operations designed to combat crime both in the form of co-operation agreements and investigatory and judicial assistance and extradition agreements concerned with those accused and convicted of the commission of offences.
Cooperation with Countries of the European Union
Currently, the greatest number of inter-state agreements is between the Member States of the European Union. Working in the context of a progressive integration, these States are developing the instruments and resources necessary for the creation of common rules in the area of civil law [IT], coming within the ambit of the First Pillar [IT], as well as common rules in the areas of freedom, security and justice [IT], falling within the ambit of the Third Pillar [IT].
The final work bringing together civil law matters under the First Pillar will be completed with effect from May 2004 according to the provisions of Article 67 of the consolidated version of the Treaty setting up the European Community, as amended by the Treaties of Amsterdam and Nice [IT].
The instruments which are of most practical use at an operational level are often represented by the Framework Decisions [IT] made at the level of the Council of Ministers of Justice and of the Interior.
Community Harmonisation: An Outline of the Italian legislation
The concept of Community harmonisation, as set out in articles 94-97 of the Treaty establishing the European Community, consists in the progressive approximation of Member States' laws in pursuance of EU Council's directives, with a view to removing legal and/or administrative obstacles to the free movement of persons, goods and services.
The schedules below concern Italian legislation in force on important matters related to the harmonisation of Community legislation:
Cooperation with Other Countries
There are a significant number of agreements in existence even with countries not forming part of the European Union. In the past these have been mainly concerned with co-operation and assistance in the criminal field [IT]. Nowadays however, there is an increasing recognition of the fact that the phenomenon of the integration of international relations requires the adoption of appropriate agreements including in the areas of civil, economic and commercial law [IT].
Agreements and treaties with non-European Union countries often involve bilateral or multi-lateral instruments (although these latter are frequently the common Framework for specific bilateral accords).
Protection of Citizens' Fundamental Rights
International co-operation also involves common principles for the protection of citizens' fundamental rights, valid for all countries adhering to the related conventions, giving ever-increasing importance to the role of the International Courts of Justice.
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Last modified: 14/05/2008
