The Court Process Office Assistant and Foreign Judicial Assistants: Comparisons, Reflections, and Perspectives

Abstract

This contribution aims to examine the role of the Italian office for the proceedings from a primarily comparative perspective. By analyzing countries identified by the Ministry of Justice as having "positive experiences," such as the United States, the United Kingdom, France, and Spain, this study seeks to provide a comprehensive overview of the Italian judicial assistant role, placing it within the context of the national system. The first part of the paper offers a general overview of the purposes and objectives pursued by each country with the introduction of the judicial assistant role, which has inevitably changed the working methods of judges. Following this, significant attention is given to a detailed analysis of the foreign models. This includes highlighting key features of the judicial assistant role in each country, such as legislative developments, hiring procedures, types of employment contracts, duration of appointments, and the tasks assigned to these roles, while also addressing any issues raised by national doctrines. The comparative analysis of these foreign systems will serve as a valuable tool to draw conclusions about the potential future of the Italian judicial assistant. Particular attention will be paid to two critical aspects: the duration of employment and the hiring procedures.