TY - JOUR
T1 - Accesso alla giustizia: il problema della consulenza stragiudiziale nel progetto di legge Gonella e nell'attività dell'ECA di Milano (1968-1970)
AU - GORIA, FEDERICO ALESSANDRO
PY - 2023
Y1 - 2023
N2 - The essay takes as its starting point the criticisms made by Mauro Cappelletti, a renowned Florentine proceduralist and comparatist, of the liberal model of legal aid, which, among other things, did not consider mere out-of-court advice to be part of the activity of providing legal assistance to the poor. He then examines the events that this issue had during the discussion of the Gonella bill (ddl. Senato 323/1968), aimed at reforming the system by introducing legal aid, and delves into the experience that had instead been conducted in this sense by the Ente Comunale di Assistenza (ECA) of Milan and that had been proposed as an alternative solution to make access to justice fully guaranteed to all indigents as well. It concludes by suggesting a revival in consideration of a gap still present in the system today, perhaps precisely in light of past experience.
AB - The essay takes as its starting point the criticisms made by Mauro Cappelletti, a renowned Florentine proceduralist and comparatist, of the liberal model of legal aid, which, among other things, did not consider mere out-of-court advice to be part of the activity of providing legal assistance to the poor. He then examines the events that this issue had during the discussion of the Gonella bill (ddl. Senato 323/1968), aimed at reforming the system by introducing legal aid, and delves into the experience that had instead been conducted in this sense by the Ente Comunale di Assistenza (ECA) of Milan and that had been proposed as an alternative solution to make access to justice fully guaranteed to all indigents as well. It concludes by suggesting a revival in consideration of a gap still present in the system today, perhaps precisely in light of past experience.
KW - Access to justice
KW - Mauro Cappelletti
KW - Access to justice
KW - Mauro Cappelletti
UR - https://iris.uniupo.it/handle/11579/164902
M3 - Article
SN - 0390-6744
VL - 1
SP - 35
EP - 57
JO - RIVISTA DI STORIA DEL DIRITTO ITALIANO
JF - RIVISTA DI STORIA DEL DIRITTO ITALIANO
IS - 1
ER -