Which authority will help me send a claim to another EU country?
In Italy, the assisting authority is the office of the public prosecutor (procura generale della Repubblica) at the court of appeal (corte d’appello) that has jurisdiction in the claimant’s place of residence.
What is the role of the assisting authority?
In Italy, the assisting authority is the office of the public prosecutor at the court of appeal that has jurisdiction in the claimant’s place of residence.
In its capacity as assisting authority the office has the following duties:
- to provide the claimant with all essential information relating to the compensation system put in place by the EU Member State in which the offence was committed;
- to provide the claimant with the forms needed to submit their claim;
- if the claimant so requests, to provide them with general guidance and information on how the application should be completed and what documentation may be required;
- to receive claims for compensation and forward them without delay, together with the supporting documentation, to the deciding authority in the EU Member State in which the offence was committed;
- to assist the claimant in meeting any requests for supplementary information made by the deciding authority in the EU Member State in which the offence was committed;
- if the claimant so requests, to transmit any supplementary information and further documentation to the deciding authority.
- If the deciding authority in the EU Member State in which the offence was committed decides to hear the claimant or any other person, the office will make the arrangements necessary to ensure that the deciding authority can hear the person concerned directly in accordance with the laws of that Member State. If a video-conference is held, the rules in Law No 11 of 7 January 1998 apply.
- If the deciding authority in the other EU Member State so requests, the office will itself hear the claimant or any other person and send a report of the hearing to the deciding authority.
Will this authority translate the supporting documents, if the outgoing claim needs this? If so, who pays for this?
The tasks performed by the office of the public prosecutor at the court of appeal, as assisting authority, may include the translation of documents, for which the claimant will not be required to make any payment.
All information is sent by the office to the deciding authority in the other EU Member State either in the official language (or one of the official languages) of that Member State, which must however be one of the languages of the Community institutions, or alternatively in another language of the Community institutions which that Member State has declared it can accept.
The reports of hearings conducted by the assisting authority are sent in Italian.
Are there administrative or other charges to be paid when the claim is sent abroad?
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Last update: 21/01/2019