ABSTRACT

Lengthy, obscure judicial texts hinder both the right to an efficient and fair trial and the right to understand the law. This issue probably applies to any legal system, but it is particularly problematic in Italy due to a long-standing tradition that encourages unduly verbose texts and convoluted arguments. This contributes also to the present lack of efficiency of court proceedings in the country. To tackle this complex question, a group of leading experts was appointed by the Italian Minister of Justice with the aim of improving clarity and concision in court proceedings. This chapter outlines the main achievements presented to the minister in February 2018. The overall result was the perception that, besides introducing specific reforms in the legislation, what was necessary was to achieve a global culture of clarity in judicial writing, one that would motivate both judges and counsels to distance themselves from stereotypical legalese habits. Avenues for further research are highlighted, such as an enlargement of the scope of the investigation to other judicial systems, in particular to the one that lies farthest from the Italian (continental) legal culture: common law.