Decision of the Court of Cassation, United Sections, No. 1768 of 25 January 2013

Article 2.1.q of legislative decree No. 109/2006, which qualified repeated, serious and unjustified delay in performing judicial activity as an administrative offense, does not take into consideration lack of diligence, or negligence by the judge but, merely, the breach, which results from the delay, of the right of the parties to a reasonable time of proceedings as guaranteed by Article 111 of the Italian Constitution and Article 6 of the ECHR.