Socio-Economic Planning Sciences xxx (xxxx) xxx
Please cite this article as: Massimiliano Giacalone, Socio-Economic Planning Sciences, https://doi.org/10.1016/j.seps.2020.100952
Available online 18 September 2020
0038-0121/© 2020 Elsevier Ltd. All rights reserved.
Invited paper
Dynamic effciency evaluation of Italian judicial system using DEA based
Malmquist productivity indexes
Massimiliano Giacalone
a, *
, Eugenia Nissi
b
, Carlo Cusatelli
c
a
University of Naples “Federico II”, Department of Economics and Statistics, Italy
b
University of Chieti-Pescara “Gabriele D’Annunzio”, Department of Economics, Italy
c
University of Bari “Aldo Moro”, Jonian Department in “Legal and Economic Systems of the Mediterranean: Society, Environment, Culture", Italy
A R T I C L E INFO
Keywords:
Judicial system
Courts
Data envelopment analysis
Effciency evaluation
Malmquist indexes
ABSTRACT
The aim of this study is the empirical analysis of the Italian judicial system, measuring its effciency and pro-
ductivity. For this purpose, in details, the Data Envelopment Analysis (DEA) and Malmquist indexes were used,
since they are recognized by the current literature as successful techniques to evaluate the performance of de-
cision making units, namely the courts of law in our feld of application.
The statistical data on the administration of justice in Italy, as reported in Dossier n. 11 May 2013, Senate
Research Services, Research Offce on Institutional Issues, Justice and Culture, XVII legislature, shows that the
effciency crisis of justice in Italy began in the 1970s of the last century, aggravating during the ‘80s, and
reaching its most critical moment during the 1990s. Several studies emphasize the relevance of the effects of
ineffciency upon the judicial system on the credit and fnancial markets.
The present analysis, using data that covers a wide time span and is disaggregated at district level, has set the
goal of measuring the effciency of the individual Italian judicial offces while assessing the progress of pro-
ductivity in its components, by the means of technological progress and scale effciency. The effciency analysis
that was carried out transcends the aspect of judicial taxation, considering how the passage of time has impacted
on judicial effciency.
Considering the judges and judicial administration employed, in the new, pending and fnished cases during
the years ranging from 2011 to 2016, the results highlighted a distinct heterogeneity among courts, depending on
their geographical location. The fve-year period that was considered, included the years in which the judicial
geographical distribution reform entered into force, so to better comprehend how this complex reform infuenced
the recovery of effciency of the judicial offces. Furthermore, by breaking down the index into change in eff-
ciency and change in technology, this work offers a further glimpse into judiciary organization. The application
of combined DEA method and Malmquist indexes for evaluating court effciency in a large time frame showed
very interesting and useful results, relevant for judicial administration.
1. Introduction
The effciency of the judicial system should be one of the main ob-
jectives of every democratic state, mainly to prevent the continuation of
uncertainty, from a legal and procedural point of view, which can cause
prejudice and harm to those who are subjected to a trial. Effciency, in
economic theory, generally consists of the ability to use resources in
order to obtain the maximum amount of output with the available
production factors or use the best amount of input to produce a pre-
determined quantity of output [1].
In several countries, economic development has boosted the mobility
of population, changing the distribution of litigation. Hence, the
increasing difference between the new demand of legal services and the
old judicial maps has increased processing time and backlog, therefore,
badly affecting judiciary effciency. These issues are particularly rele-
vant for the Italian judicial system because of the Italian government’s
proposal (decree n. 155/2012) of a new judicial map for frst instance
courts. The courts’ reorganization has been achieved through the hori-
zontal merging of some courts and the abolition of all local courthouses.
The years in which the important reform, foreseen by the legislative
decrees 155 and 156 of 7 September 2012, entered into force were taken
into consideration. These decrees provided the revision of the judicial
* Corresponding author.
E-mail addresses: massimiliano.giacalone@unina.it (M. Giacalone), eugenia.nissi@unich.it (E. Nissi), carlo.cusatelli@uniba.it (C. Cusatelli).
Contents lists available at ScienceDirect
Socio-Economic Planning Sciences
journal homepage: http://www.elsevier.com/locate/seps
https://doi.org/10.1016/j.seps.2020.100952
Received 27 May 2020; Received in revised form 11 September 2020; Accepted 13 September 2020