court of monza italy

COURT OF MONZA
ITALY
Tribunale di Monza
EPSA2013
Final Event and Award Ceremony
Maastricht, 25-27 November 2013
THE PROJECT OF
MONZA COURT ORGANIZATIONAL TRANSFORMATION
The case of voluntary jurisdiction for weak people
ITALY
The objectives of the voluntary jurisdiction project
The objectives of the Monza Voluntary jurisdiction project is to preserve the rights of the
weak populations such as mentally or physically disabled and elderly citizens.
The project is based on two pillars:
? 1. A complete reorganization of the court (reorganization of services: activities, work
processes, relationships between Judges and Chancellors, office layouts; reorganization
of both physical -front line office- and web access to services, thanks to a renovated Court
website with a dedicated section: information, forms, procedures tracking).
? 2. The institution of a permanent cooperation between the Institutions of the Monza e
Brianza Area (Municipalities under the Jurisdiction of Monza Court, Local Health
Authorities, Chamber of Commerce of Monza and Brianza, University of Milan Bicocca)
and associations of “Third Sector” in order to handle the needs of weak people
The History of the Monza project
In 2009, on the basis of positive results achieved by the reorganization project run in
Bolzano, the Minister of Public Administration, the Minister of Justice and the Regions,
agreed with the European Union to launch an interregional project called “Dissemination of
best practices in judicial offices in Italy” to be funded though European Social Funds. More
than 23 regional bids were prepared and 182 judicial offices participated in the project.
The “Best Practices” project shows the possibility to activate pilot projects and disseminate
solutions and change management methodologies throughout the entire system, and
enable the members of the organization to rely on their own capabilities and eventually
operate without the help of consultants. Nowadays, “Best Practices” is Italy's widest
organizational change management program involving a single large Public Administration.
The reorganization of Lombardy Judicial Offices was funded by the European Social Fund
through a bid launched by the Lombardy Region, involving the judicial offices of Milano,
Monza, Varese, Crema, Cremona, Brescia, Lecco. The Lombardy project was named
“InnovaGiustizia Project”.
A successful site project was developed in the Judicial Offices in Monza, including the Court
and Prosecutor's Offices. A Steering Committee including judges and administrative staff
was set up to manage the project. It was led by the President of the Court and the Chief
Prosecutor. Interprofessional work groups were constituted for running pilot projects
performing a large variety of participatory analysis and redesign of key issues for the Judicial
Offices.
Fondazione Irso, an academic and consultancy professional team, took the responsibility
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both for project management of the entire InnovaGiustizia project and for supporting the
reorganization of Monza Judicial Offices.
Voluntary jurisdiction project is one of the pilot projects of the Court of Monza.
What voluntary jurisdiction means
Voluntary Jurisdiction means the legal protective measures in support of weak populations
such as mentally or physically disabled and elderly citizens. The Court does not run trials but
acts in the interest of these weak citizens, called “beneficiaries”. Such measures are required
by citizens themselves or by their relatives, in most cases without legal representation.
In the past the protection of unable persons (protection of interdicts) was limited to revoke
legal authority to the weak person and to inhibit potential harmful action from others.
The January 2004 Law sets a new approach. Tutelary Judges, in addiction to legal measures
of protection, were entitled to manage the so-called “Administration of Support”, a citizen
who takes care of another citizen, not only in case of the 'total inability' but also in the socalled 'partial incapacity', both mental and physical. The new approach reinforced both
legal, social and medical protection to weak persons.
The Tutelary Judge determines which actions can be performed by the Administration of
Support on behalf of the beneficiary person. The Judge gives guidance continuously to the
Administrator when needed. It appears, from the above considerations, that the Voluntary
Jurisdiction is a flexible system because the Judge guides Administrator intervention in
accordance with the needs of the person.
Voluntary Jurisdiction typically occurs in critical occurrences in the weak citizens life, as
important economic transactions, administrative duties, fiscal declarations but also
sickness, travel, events of social life. It requires a careful and respectful dealing, high
efficiency of the various work processes, full effectiveness of service and high quality in the
relationship.
Court and different institutions
The needs of beneficiary citizens included in Voluntary Jurisdiction are normally dealt by
different institutions with low coordination:
? Court, who deals with the legal framework
? Social Services of Municipality, who manage the social welfare
? Third sector, which provides health services together with Local Health Authorities
Many institution participate in such a process of caring. The Citizen was used to manage the
overlaps and the bureaucratic obstacles and searches the best way to solve his/her needs.
The Citizen was alone facing his/her unique case, dealing with various uncoordinated
relationships with different organizations.
The activities of the Tutelary Judge do not end only with a legal provision but are "longlasting" according to the needs of the protected person during his/her life. The Court was
handling a large number of cases and the other institutions take part without proper
coordination among them. In Monza in 2010 there were more than 5.300 cases of Voluntary
Jurisdiction.
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The Court reorganization
A complete reorganization of the Court was implemented.
A new tracking system of each paper file, based on bar code, was setup.
Through the bar code, in every moment the Tracking System knows where the paper file is
and the status of the application.
It knows how much time every single step of the proceeding needs too.
It controls every single step and if there is a delay in the proceeding, the System sends
automatically an e-mail to the presiding judge and to the registrar, to react quickly and solve
the problem:
Presiding Judge
@
@
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Registar
The new section of website of the Court
A new dedicated section of website www.tribunale.monza.giustizia.it was
implemented.
User can check the state of his proceeding from his/her home.
@
User can also download information sheets and template for the applications
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The territorial front offices
With the cooperation of the Institutions of the Monza e Brianza Area (Municipalities under
the Jurisdiction of Monza Court , Local Health Authorities, Chamber of Commerce of Monza
and Brianza, University of Milan Bicocca ) and associations of “Third Sector” within the
“Table of Justice” established in November 2010, seven “Sportelli Territoriali di Prossimità”
(“Territorial Front Offices”) were established in the main municipalities.
Veduggio
con Colzano
64 Municipalities
7 help desks
in the main municipalities
Renate
Briosco
Giussano
Besana
Brianza
Verano
Brianza
Lazzate
Carate
Brianza
Lentate
sul Seveso
Meda
Barlassina
Cogliate
Seregno
Seveso
Ceriano Laghetto
Solaro
Sovico
Usmate
Velate
Camparada
Lesmo
Ronco
Briantino
Carnate
Bernareggio
Cornate d’Adda
Aicurzio
Cesano
Maderno
Bovisio
Masciago
Limbiate
Correzzana
Triuggio
Albiate
Misinto
Macherio
Biassono
Desio
Vedano
Lissone al Lambro
Vimercate
Villasanta
Varedo
Concorezzo
Nova
Muggiò
Milanese
Paderno
Dugnano
Monza
Cinisello
Balsamo
Cusano
Milanino
Sesto
San Giovanni
Sulbiate
Arcore
Agrate
Brianza
Brugherio
Burago
Molgora
Mezzago
Bellusco
Ornago
Busnago
Roncello
Caponago
Carugate
Cologno
Monzese
Vimodrone
In every territorial front office citizens can find help to his needs.
Local Help Desks
Preliminary information
Help for filling in request forms
Submission of the request
Further information
Collection of Court order
Free legal aid by a lawyer
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The results of the project
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Reduction of 40% Citizens access to the Chancellor's office
Reduction of 20% average time for first deposit of application
Reduction of 75% of duration of trial
100% redesigned forms following user-centered design criteria
80% of received applications using the latest forms with bar code (100% of Citizens
now use the new forms; the overall percentage is lower because some professionals
still use the so-called "print” version)
Online implementation of a dedicated section of the Court website named 'Services
to the Citizen' (230.000 total visitors in one year)
More than 90% of dossiers received from July 2011 (on a total of 6.067) are
managed by the online Tracking system
Implementation of automatic e-mails to Citizens in case of postponed dossier. 1.323
Citizens have entered their email address to receive mail updates on their case status
and 300 Citizens have entered their mobile number to be notified by SMS
Implementation of sending service (pre-paid envelope)
Agreement upon 7 protocols between Court and Municipalities to establish 7
“Territorial office of Voluntary Jurisdiction”
Training of 45 future front-line operators (6 hours of training provided by a mixed
team of consultants-Judges-Clerks)
15 days of coaching for future front-line operators
Agreement upon a protocol among the Court and the Lawyers Professional
Association to create a list of accredited professionals on Voluntary Jurisdiction to
provide free expert advice in the Territorial Offices
Training during courses on Administration of Support organized by Province of
Monza and Brianza (three specific training lessons)
Socio-organizational results were:
ü A greater cooperation between Judges and Clerks to accelerate processes;
ü The institution of a permanent cooperation between the Institutions of the Monza e
Brianza Area;
ü The increased confidence that change may occur also without new laws or additional
resources
ü A new culture: the people we service are at center
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Tribunale di Monza
Comune di Monza
Comune di Desio
Comune di Vimercate
Comune di Carate Brianza
Comune di Cinisello Balsamo
Comune di Seregno
Comune di Sesto San Giovanni
Associazione Nazionale Carabinieri
Coordinamento Provinciale di Monza e Brianza