Revista da EMERJ - V. 21 - N. 2 - Maio/Agosto - 2019

 R. EMERJ, Rio de Janeiro, v. 21, n. 2, p. 11-39, Maio-Agosto, 2019  28 is suing payment orders and provisional measures), and enforcement proceedings, unless otherwise indicated. 74 It is illuminating to examine the statistical data from 2013, provided by the Italian Ministry of Justice. 75 Concerning the justices of the peace, there were some 1,372,421 new cases, 1,415,020 resolved cases, and 1,296,075 pending cases at the end of 2013. Accordingly, the clearance rate amounted to 103, such that the backlog of cases is decreasing. The average disposition time amounted to 334 days. The justices of the peace resolved on average, circa 752 cases per capita (1,415,020 divided by 1,880), without distinguishing between ordinary proceedings and special proceedings (mainly payment orders). In the ordinary courts of general jurisdiction ( tribunali ), there were 2,813,068 new lodgements, 2,899,247 resolved cases, and 3,265,875 pending cases at the end of 2013. Accordingly, the clearance rate amounted to 103. The average disposition time taking into account only the bulk of ordinary proceedings (ordinary proceedings, proceedings regarding labour disputes, and proceedings regarding social security benefits) amounted to 923 days (1,837,540 pending cases at the end of 2013, divided by 726,638 resolved cases, and the result multiplied by 365). 76 In the courts of appeal, there were 123,241 new cases, 164,577 re- solved cases, and 397,536 pending cases at the end of 2013. Accordingly, the clearance rate amounted to 133, such that the backlog of cases in the courts of appeal is substantially decreasing. 77 The average disposition time amounted to 881 days. f) Ratio Judges/Resolved Cases Career judges as well as lay judges in the tribunali and in the courts 74 For detailed statistics concerning the different types of proceedings, s. Ministero della giustizia , Piano della performance 2015–2017, p. 15. 75 Cf. Ministero della giustizia , Piano della performance 2015–2017, p. 15. 76 For these more detailed data on ordinary proceedings, s. Ministero della giustizia , Piano della performance 2015– 2017, p. 15. 77 This clearance rate is certainly above average and may be at least partially due to the introduction in 2012 of a sum- mary proceedings leading to the reject of appeal if there is no “reasonable prospect of success” (new Art. 348–bis c.p.c., introduced by the law no. 134 of 2012). On this aspect, s. R. Caponi , Italian Civil Justice System: Most Significant Innova- tions in the Last Years (2009–2012), in O.G. Chase, E. Hershkoff, L. Silberman, Y. Taniguchi, V. Varano, A. Zuckerman (eds.), Civil Litigation Comparative Context, Thomson West, Supplement 2012, www.law.nyu.edu/sites/default/files/ ECM_PRO_074529.pdf, p.136ff., p.137ff.