Italy’s challenges in the application of the Charter

Italy has made significant strides in digitalizing its justice system, particularly in the civil sector. According to the 2023 annual report, advancements in digitalization have streamlined processes, improving efficiency in civil courts. However, while procedural amendments have been introduced to enable digitalization in criminal justice, full implementation remains a work in progress​.

The European Commission has recognized Italy’s efforts but also recommended continued improvements in digital justice infrastructure​. Interoperability between IT systems and ensuring digital security remain key challenges. Furthermore, training legal professionals to adapt to these technological changes is a necessary step toward a fully modernized judiciary.

Italy's justice reform efforts are also supported by EU funding, particularly through the Recovery and Resilience Facility (RRF). This financial backing aims to enhance the predictability and efficiency of legal proceedings, addressing longstanding concerns about case backlogs and procedural delays​.

Despite these developments, Italy still faces scrutiny regarding the presumption of innocence in criminal proceedings. The report highlights concerns over defendants being publicly perceived as guilty before trial, a challenge that extends beyond digitalization to the broader legal culture​.

As Italy continues modernizing its judicial system, balancing digital transformation with procedural fairness and security will be essential for long-term success.

EU Law on Effective Legal Protection and Access to Justice

The EU has developed a comprehensive legal framework to protect fundamental rights, ensuring access to justice through judicial and non-judicial remedies. These protections apply across multiple areas, from digitalization and fair trials to victim rights, discrimination, and migration policies.

Facilitating Access to Justice through Digitalization

Digitalization enhances access to justice through electronic submissions, remote hearings, and AI tools. However, safeguards are necessary to protect the right to a fair trial, personal data, and accessibility for those lacking digital skills.

Rights in Criminal Proceedings

EU law ensures fair trial rights, including access to interpretation, legal representation, and the presumption of innocence. Vulnerable individuals, such as children, receive additional protections, including access to specialized legal support.

Judicial Cooperation in Criminal Matters

The EU strengthens cross-border legal cooperation through the European Arrest Warrant (EAW) and new rules for transferring criminal cases. The Electronic Evidence Regulation ensures law enforcement can access critical digital data while protecting fundamental rights.

Victims’ Rights

The Victims’ Rights Directive guarantees support and legal assistance for victims of crime. Additional protections cover trafficking, child abuse, and gender-based violence, with new laws proposed to strengthen victims’ access to justice and compensation.

Legal Protections for Vulnerable Individuals

Whistleblowers, journalists facing SLAPP lawsuits, people with disabilities, and cross-border families benefit from enhanced legal protections, including protection against retaliation and measures ensuring parental and legal status recognition across Member States.

Anti-Discrimination and Equality

EU equality laws provide victims of discrimination with legal remedies and empower equality bodies to enforce non-discrimination rules. The Pay Transparency Directive strengthens workers’ rights to equal pay.

Environmental Protection

The Aarhus Regulation allows citizens and NGOs to challenge environmental law violations. New regulations enhance access to justice for environmental harm, such as pollution and biodiversity loss.

Consumer Rights and Alternative Dispute Resolution

Consumers can seek redress through collective lawsuits, alternative dispute resolution mechanisms, and SOLVIT, an informal EU dispute resolution network.

Regulation of Online Content and Data Protection

The Digital Services Act (DSA) ensures users can challenge content moderation decisions, while the GDPR protects individuals’ data rights. The EU is also strengthening safeguards for health data and online privacy.

Asylum, Migration, and Labor Rights

EU asylum laws guarantee legal protection for applicants, including appeal rights and legal aid. Labor protections extend to non-EU workers, allowing them to claim unpaid wages and file complaints against exploitative employers.

Member States’ Measures for Effective Legal Protection

EU Member States, in line with Article 19 TEU, are in charge of providing effective legal protection within their territories, be it through court systems or non-judicial bodies.

Facilitating Access to Justice through Digitalization

Many Member States have adopted e-justice solutions to improve access, making legal services more efficient and accessible, especially during crises like COVID-19. For example, Romania accelerated judicial digitalization, and Slovakia invested in digital systems under the Recovery and Resilience Facility. However, challenges such as digital illiteracy, system interoperability, and cybersecurity concerns remain. Some Member States, like Germany, require lawyers to use digital filing systems, while others, like France, provide apps to help the public navigate legal services.

Procedural Rights

Access to justice depends on clear information about legal remedies. Most Member States provide online resources explaining legal aid, court fees, and procedural rights. However, surveys indicate that criminal defendants receive more information than civil litigants or individuals seeking non-judicial remedies.

Language barriers remain a challenge. Many Member States offer free interpretation and translation in criminal cases, but coverage varies for civil and administrative cases. Some, like Croatia, have called for expanded translation services in areas such as workers' rights and asylum cases. Legal aid often covers interpretation costs for those unable to pay.

Victims’ Rights

Many Member States have introduced measures to protect crime victims. Romania has Crime Victim Support Services across 47 offices, and Slovenia’s largest courts have specialized victim support departments to protect victims from unnecessary contact with perpetrators. Austria and Germany provide free psychosocial support for victims of serious crimes.

Some Member States offer fast-track legal procedures for vulnerable individuals. In Cyprus and Germany, cases involving sexual violence or children are prioritized. Belgium has accelerated procedures for cross-border parental responsibility cases.

To combat gender-based and domestic violence, some Member States allow law enforcement to proactively contact victims after a crime is reported. Finland has 24 sexual violence support centers, while Sweden offers specialized care units. Croatia has introduced guidelines for law enforcement on handling sexual violence cases.

Child-Friendly Justice

Several Member States have established dedicated hearing rooms and specialized courts for cases involving children. Cyprus now prioritizes non-judicial procedures for juvenile offenders, and Germany has youth courts and trained prosecutors to handle cases involving minors.

Efforts to improve child crime reporting include Spain’s early detection system for child abuse and mandatory Welfare and Protection Coordinators in schools. Austria and the Netherlands appoint independent child advocates in cases where parents are involved in legal disputes.

Many Member States have set up child-friendly courtrooms. Slovakia has family rooms for vulnerable witnesses, and France allows child interviews in informal settings with toys and cameras, observed by psychologists. However, gaps remain in child-friendly legal information and training for judicial professionals.

Rights of Victims of Discrimination

National Human Rights Institutions (NHRIs), equality bodies, and ombudspersons play a key role in enforcing anti-discrimination laws. They provide legal assistance, awareness campaigns, and advocacy. Some, like those in France and Hungary, can initiate collective legal actions against discrimination.

A 2022-2023 study found that vulnerable groups, including low-income individuals, migrants, and domestic violence victims, struggle to access justice due to costs, complex procedures, and fear of retaliation. To improve access, Bulgaria has established regional offices for discrimination protection.

Access to Justice for Persons with Disabilities

Many courts remain physically inaccessible. Slovenia conducted a nationwide accessibility audit of court buildings, and Germany has mandated improvements like tactile signage and induction loops. However, some historic courthouses remain non-compliant.

To support visually and hearing-impaired individuals, Ireland provides free sign language interpretation, and Bulgaria uses speech synthesis software to convert legal texts into audio. Spain has begun adapting court rulings into easy-to-read formats for individuals with intellectual disabilities.

Consumer Rights and Alternative Dispute Resolution (ADR)

Member States offer civil, criminal, and administrative remedies for consumer disputes. Germany allows consumer groups to file model cases, and France permits group lawsuits for victims of the same harm.

Some Member States, like Luxembourg, promote restorative justice between victims and offenders. Others, like Sweden, require mandatory mediation efforts before litigation. The Netherlands provides free initial mediation for low-income individuals.

Assessing the Impact of National Legislation

Few Member States systematically assess how new laws impact fundamental rights. However, Finland’s Constitutional Law Committee has successfully modified migration laws to better protect minors, and Lithuania has improved its appeal procedures for legal remedies.

Provision of Effective Legal Protection Through Courts

The Court of Justice of the European Union (CJEU) and national courts play a crucial role in interpreting and applying EU law, ensuring effective legal protection. Through preliminary rulings and infringement procedures, the CJEU clarifies legal rights under EU law, often interpreting them in light of Article 47 of the Charter of Fundamental Rights (right to an effective remedy and fair trial). Member States must provide adequate judicial safeguards but are not required to create new legal remedies.

The CJEU has ruled extensively on the right to effective legal protection in various areas:

• Criminal Law;
• Judicial Cooperation;
• Anti-Discrimination & Public Procurement;
• Consumer Protection & Unfair Contract Terms;
• Migration & Asylum;

National courts also play a key role in enforcing EU law, often applying Article 47 of the Charter directly in cases where national laws lack explicit procedural safeguards.

• Austria’s Constitutional Court ruled that asylum applicants had been denied their right to a fair hearing under Article 47.
• Belgium’s Constitutional Court annulled parts of a money laundering law for violating lawyers’ professional secrecy and privacy rights.
• Estonia’s Supreme Court found that the country’s Aliens Act violated EU law by denying non-EU nationals the right to appeal visa-free stay terminations.

EU Funding for Effective Legal Protection

The European Commission funds initiatives to strengthen legal protection and access to justice through various programs, including the Justice Programme and the Citizens, Equality, Rights and Values (CERV) Programme. Additional support is available through EU-wide and international funding mechanisms.

The Justice Programme promotes an effective and independent European justice system by funding projects addressing judicial cooperation, digitalization, and legal training. Key initiatives include:

• Training lawyers to defend journalists and rights defenders against strategic lawsuits against public participation (SLAPPs).
• Improving e-access to court decisions in Lithuania.
• Enhancing support services for gender-based violence victims across five Member States.
• Operating grants for judicial training networks and the European e-Justice Portal, which provides legal information in 23 languages.
• The HELP Programme, an e-learning course that trains judges, prosecutors, and lawyers on fundamental rights under the EU Charter and the European Convention on Human Rights.

The CERV Programme supports democratic, inclusive, and rights-based societies through funding for civil society organizations, strategic litigation, and training initiatives.

• The Union Values Strand funds activities promoting judicial independence, whistleblower protection, and combating hate speech.
• Supports strategic litigation, enhancing legal professionals’ capacity to enforce Charter rights.
• The Daphne Strand focuses on gender-based violence prevention and child protection, including in migration contexts.
• Provides financial support to international organizations like the OSCE/ODIHR for combating hate crime.

Additional funding for legal protection is available through:

• Digital Europe Programme – Enhances e-justice tools, cross-border evidence sharing, and digitalized legal processes.
• Erasmus+ Programme – Funds training on judicial protection, alternative dispute resolution, and child-friendly justice.
• Internal Security Fund – Supports actions against terrorism, cybercrime, and victim protection.
• Recovery and Resilience Facility (RRF) – Helps reform judicial systems, boost digitalization, and strengthen the rule of law in Bulgaria, Croatia, Czechia, Malta, Italy, Slovakia, and Spain.

The EU also funds projects to align non-EU judicial systems with international human rights standards. Key efforts include:

• Supporting justice system reforms in EU candidate countries.
• Promoting access to justice and legal aid under the EU Action Plan on Human Rights and Democracy (2020-2024).
• Partnering with the African Union on transitional justice and strengthening judicial systems in Latin America.
• Funding civilian missions under the Common Foreign and Security Policy (CFSP) to reinforce the rule of law and judicial capacity.

Conclusion

This report highlights progress in legal protection, including legislative proposals and judicial reforms. The European Commission, in collaboration with the European Parliament and the Council, continues to push for high standards, train legal professionals, support civil society, and monitor access to justice. However, barriers remain, such as limited information on remedies, difficulties with e-justice, insufficient child rights protections, and restricted access for vulnerable groups. More strategic litigation and fundamental rights training are needed to improve legal protection. The Commission urges stakeholders, legal professionals, and authorities to use this report to enhance justice systems in Member States and invites the European Parliament and the Council to further discuss and support these efforts.