Innovative and Transformative Effects of Restorative Justice: Reflections on the Recent Reform adopted in Italy

Interest in restorative justice has grown recently in the Italian legal system, as evidenced by the Delegation Law passed by the Parliament in October 2021, which was preceded by the work of a Study Commission made up of experts in the field, professors, the judiciary and lawyers. The Delegation Law contains a comprehensive reform of the sanctioning and procedural system and urges legislators to adopt a framework regulation of restorative justice that specifies definitions, methods, rights and guarantees for the parties, the establishment of restorative justice services and initial and continuing training for mediators/facilitators, in the light of supranational legislation. Focusing on the Italian legal system and the Act 150/2022 – which is the consequence of the above mentioned Delegation Law – this chapter analyses the transformative effects of restorative justice on different levels: linguistic, normative and institutional. It also provides a general perspective on the institutionalisation of restorative justice in Italy.