Function and limits of the power of inquiry of the Judge in the age of technological proof

Abstract

The paper is an elaboration of the speech held by the author on 20 April 2023 in Milan in the conference regarding the burden of proof in the new Italian civil trial. The author analyzes to what extent Italian labour judges are entitled to exercise their ex officio powers. It is emphasized how such powers are important to reach decisions based on the actual reality of the facts. The paper examines also the limits of ex officio powers, with regard to the principle of an adversarial process and to the proof of secondary facts.