Foreclosures are a notoriously complex process, requiring not only compliance with the law but also consideration of the objective hardship of individuals, especially in light of recent news stories. A presentation on the topic was presented. A study by Associazione T6 entitled "The Functioning of Enforcement Procedures: Analysis and Performance of the Courts", an annual report that provides an analysis of the management and functioning of foreclosure proceedings in Italy through a study of the performance of the Courts in terms of backlog and capacity to clear the stock of pending cases and the factors that influence the duration and conduct of these proceedings.
The study examined Data from 140 Italian courts and over 245.000 pending cases in 2024: Of these, 60% have been registered for more than 5 years, while 26% have been open for more than 10 years. It also emerged that, geographically, the courts in the Northeast are the most efficient, with lower backlogs (59% over 5 years and 22% over 10 years). More significant problems, however, are found in the South and the Islands, where cases pending for more than 10 years reach peaks of 30%.
The Northeast stands out for efficiency, but the larger courts are more exposed
The study also points out that Large courts are the most exposed, having to manage very high volumes of pending cases. Conversely, medium- and small-sized courts, with some particularly virtuous exceptions such as Bolzano, achieve better results in containing the backlog. Another significant factor concerns the effective capacity to process older cases. In this respect too, the Northeast stands out for efficiency, while smaller and very large courts face greater difficulties: while the former struggle due to structural organizational limitations, the latter struggle with the excessive concentration of cases to manage.
The analysis then focused on the impact of some factors that influence the duration of procedures, such as the replacement of judges (which occurs in 57% of cases and is associated with an average 37% increase in processing times, from 4,98 to 6,86 years) and extensions for filing expert reports (CTU), which, although present in just over 25% of cases, have a significant impact, increasing the average processing times by 26%, to 6,31 years. The replacement of judges is particularly significant in courts in Central and Southern Italy, and in smaller courts, highlighting issues related to the organizational structure of judicial offices. Extensions of expert reports, however, are more evenly distributed across the country, with higher rates in Central and Southern Italy.
In conclusion, from the in-depth analysis of the report it emerges that There are significant territorial differences in the length of proceedings, with the Northeast confirming its position as a model of efficiency. These gaps represent both a challenge and an opportunity: leveraging the most successful experiences can help promote the dissemination of best practices throughout the country. However, specific critical issues remain, such as the replacement of judges or extensions for filing expert reports, which tend to lengthen the process, especially in smaller courts. Here too, these are useful insights for guiding targeted interventions aimed at making procedures more streamlined and efficient.
