Authorities

 Italy - Central Authority (Art. 2) and practical information
Address

Central Authority(ies):

Ministry of Foreign Affairs

Contact details:

Address: Ministry of Foreign Affairs
D.G.I.E.P.M. Office IV
Piazzale della Farnesina, 1
00194 ROMA
Italy
Telephone: +39 06 36912930/32
Fax: +39 06 36918609
E-mail: [email protected]
General website: www.esteri.it
Contact person:  
Languages spoken by staff: Italian, English, French

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes: Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:  
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):  
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability. See Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration of applicability.
Translation requirements (Arts 4(2) and 33):  Accepts Letters of Requests written in or translated into French, English and Italian.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):  
Time for execution:  
Art 23 pre-trial discovery of documents: Letter of Request will not be executed (full exclusion). 
Information about domestic rules on the taking of evidence:  European Judicial Network in Civil or Commercial Matters - Italy.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?  
Is it a public or private hearing?  
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?  
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?  
Are documents produced by the witness authenticated by the court?  
Is an oath generally administered to the witness?  
Can the witness be made subject to further examination and recall?  
Are there sanctions for non-appearance of witness?  
Must interpreters who assist with the witness examination be court-certified?  
How is the testimony transcribed?  

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Applicable. See Competent Authority.
Article 17 Applicable. See Competent Authority.
Article 18 Applicable. See Competent Authority.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
Bilateral or multilateral agreements

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.  

Useful links:  

(This page was last updated on 1 September 2010)

Conventions