Italy’s justice system near overload, judges warn, with citizenship cases at risk

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Italy's justice system faces overload as judges warn that soaring citizenship cases and rising backlogs could jeopardize timely decisions nationwide.
Summary

Italy’s justice system is undergoing one of the most significant transformations in its recent history, driven by commitments made under the National Recovery and Resilience Plan (PNRR). Central to this reform is the Ufficio per il Processo (UPP), an organizational model designed to support judges, reduce case backlogs, and improve the overall efficiency of the courts.

While the UPP has already produced measurable progress, the system now faces serious risks due to rising caseloads, lack of coordination with administrative bodies, and the government’s failure to stabilize the personnel hired through EU funds.

These challenges have prompted the Associazione Nazionale Magistrati (ANM), representing the majority of Italian judges, to request a formal hearing before the European Commission.

Source: https://www.agenziagiornalisticaopinione.it/opinionews/anm-associazione-nazionale-magistrati-pnrr-ufficio-per-il-processo-richiesta-di-audizione-alla-commissione-europea/ 

A reform built on European cooperation

The UPP was introduced as a structural measure within the PNRR, funded through the EU’s Recovery and Resilience Facility. The idea was simple but transformative: provide judges with qualified support staff—researchers, analysts, and legal assistants—so they could focus on decision‑making rather than administrative or preparatory tasks. Between 2021 and 2025, around 10,000 young professionals were hired for this purpose. Their arrival allowed courts to reorganize workflows, adopt team‑based models, and significantly increase productivity.

The impact was quickly visible. According to the EU Justice Scoreboard, Italy improved its clearance rates, reduced long‑pending civil cases, and made progress in shortening the duration of criminal proceedings.

These achievements were particularly notable given that Italy has one of the lowest ratios of judges per capita in Europe. The UPP effectively compensated for structural shortages by strengthening the support system around each magistrate.

Rising caseloads and new pressures

Despite these improvements, the justice system has recently come under intense pressure. A sharp increase in new filings—especially in asylum and citizenship cases—has strained the capacity of specialized courts. Immigration sections, created in 2017 to handle international protection cases, have seen their workload grow dramatically.

This surge is partly due to the activity of territorial asylum commissions, which tripled the number of first‑instance decisions in 2024 without coordinating with the courts responsible for appeals. As a result, thousands of negative decisions were forwarded to judges in a short period, overwhelming the system.

At the same time, these sections have been flooded with citizenship cases filed by descendants of Italian emigrants, particularly from South America. Many applicants turn to the courts because the administrative authorities fail to process their requests. This combination of asylum and citizenship cases has pushed pending workloads to unprecedented levels.

By late 2025, the number of unresolved asylum appeals had nearly doubled compared to 2021, and the average duration of proceedings had risen to more than three years—far above the 120‑day limit established by law.

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The challenge of the new EU Migration and Asylum Pact

These difficulties come at a critical moment. Beginning in June 2026, the European Union’s new Migration and Asylum Pact will enter into force, requiring member states to process a significant number of asylum applications through accelerated border procedures.

Under the EU’s allocation system, Italy is expected to handle 26.7% of all such procedures across the Union. This places Italy—and its judiciary—at the center of Europe’s migration management strategy.

Yet the government has not provided courts with information, planning, or resources to prepare for this responsibility. Without clear coordination between administrative bodies and the judiciary, the system risks becoming overwhelmed just as the new EU rules take effect.

The looming crisis: loss of UPP personnel

Although the PNRR required Italy to make the UPP permanent, the government has not launched the promised stabilization process for the 10,000 staff members hired with EU funds.

More than 1,000 have already left due to uncertainty about their future, and no recruitment plan or budget has been announced. If these professionals are not retained, courts will lose the very support structure that enabled recent improvements.

A call for European oversight

Given the gravity of the situation, the ANM is asking the European Commission for a formal hearing. The association argues that Italy’s failure to stabilize UPP personnel violates the commitments made under the PNRR and jeopardizes the country’s ability to meet EU obligations, particularly under the new Migration and Asylum Pact.

The ANM seeks to present data, highlight the consequences of government inaction, and urge the Commission to ensure that the reform is implemented as agreed.

Italy’s justice reform stands at a crossroads. The UPP has demonstrated its effectiveness, enabling courts to work faster, reduce backlogs, and improve the quality of judicial decisions. But without immediate action to stabilize personnel, coordinate asylum procedures, and prepare for upcoming EU obligations, these gains could be lost.

The ANM’s appeal to the European Commission reflects a broader concern: that the success of the PNRR—and the credibility of Italy’s justice system—depends on decisions that must be made now, before the system reaches a breaking point.

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