Italian Republic: Constitutional Court Judgment No. 16 of 2025 on the Constitutionality of the Italian Law Provisions concerning the Remuneration of Court-appointed Experts and Interpreters for Activities performed in Judicial Proceedings

Abstract

In Judgment No. 16/2025, the Constitutional Court of the Italian Republic examined the constitutional legitimacy of the legislative provisions regulating the remuneration of court-appointed experts and interpreters, in the context of the disparity in fees applied to the initial and subsequent hourly units of compensation. The referring court argued that such a normative construct gives rise to a violation of the principle of equality enshrined in Article 3 of the Constitution, notably in view of the lack of fee adjustment since 2002 and the need to guarantee the right of foreign nationals to interpreter assistance. The Constitutional Court declared Article 4(2) of Law No. 319/1980 unconstitutional, thereby excluding the permissibility of any differentiation in remuneration for the performance of the same procedural activity. The judgment produces ex nunc effects and also applies to pending proceedings, in which a reassessment of remuneration will be required. In its reasoning, the Court made explicit reference to both national and European case law, emphasizing the need for fair and adequate remuneration as a safeguard of the quality of interpretation and expert services in judicial proceedings.