The Fornero procedure, introduced in 2012, provided an accelerated process for disputes related to dismissals. However, the system of four degrees and/or phases of judgment and conflicting jurisprudential interpretations made the process complicated and ineffective.
The Cartabia Reform repeals the Fornero procedure and introduces a new article in the Civil Procedure Code called “dismissal disputes.” According to the new provisions, these cases have priority status and must be scheduled for dedicated hearings. The judge can reduce the procedural time limits and decide whether to handle reinstatement requests and related claims jointly.
Assisted negotiation, previously excluded for labor disputes, can now be used to transactively resolve these disputes as well. The parties may be assisted by lawyers and, if desired, a labor consultant. Assisted negotiation is not mandatory but provides an important opportunity without being a preliminary condition for legal recourse.
The Cartabia Reform appears to move in the right direction by repealing a complex and uncertain procedural system. However, its effectiveness and implications will need to be evaluated through subsequent jurisprudential analysis.