LAW June 27, 1988, No 242 (OJ No 153, 01/07/1988) CHANGES TO THE RULES OF TESTS solicitor.
Preamble
THE CHAMBER OF DEPUTIES AND THE SENATE HAVE APPROVED OF THE REPUBLIC, THE PRESIDENT OF THE REPUBLIC
PROMULGATES
the following law:
ART. 1.
1. L 'article 22 of Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, No. 5 and amended by article 1 of the Law of March 23, 1940, No 254, reads as follows: "Art. 22. - 1. Solicitor of the exams take place in July of each year of the Courts of appello.2. The themes for each written examination are given by the Minister of giustizia.3. The exam boards are appointed by the Minister of Justice and each is composed of five members and five alternates, of whom two members and two alternate members are lawyers, members of at least eight years to an order of the District Court of Appeals seat examination, two members and two alternates are judges of the same district, with qualifications not less than that of adviser to the court of appeal, one member and one alternate are full or associate professor of law at a university in the republic, or at any school superiore.4. The advocates who are examining boards are appointed by the National Council of the Bar, on a joint councils of each district, ensuring the presence in each committee, in annual rotation, at least one lawyer for every order of the district council . The Minister of Justice appoints all examining board for the president and the vice-ons avvocati.5. The deputies involved in the committee to replace any member effettivo.6. If the number of applicants who have submitted applications for admission exceed two hundred and fifty units, boards of examiners may be supplemented by a decree of the Minister of Justice, to be issued before completion of the written tests, a number of alternate members with the same requirements for the members to allow the only remaining president, the division into subcommittees, each consisting of a number of components equal to the original committee and a secretary. Each of the subcommittees can not be allocated a number of candidates exceeds two hundred and fifty. "
Article 2.
1. All 'Article 2 of Law July 24, 1985, No 406, is adding the following paragraph: "The Minister of Justice, after consulting the National Bar Association, shall determine, by decree, how to the completion of the case and to ascertain its actual conduct. "
Article 3.
1. After the 'Article 17 of Royal Decree of 22 January 1934, No 37, is added as follows: "Art. 17-bis. - 1. The written tests are three. They are carried out on the issues raised by the Minister of Justice and relate to: a) preparing a reasoned opinion, to choose between two matters regulated by the Civil Code, b) draw up a reasoned opinion, to be chosen between two issues regulated by the Penal Code; c) the establishment of a judicial act which posits knowledge of substantive law and procedural law, on a question proposed by the candidate on choice between private law, criminal law and the right amministrativo.2. For each component of each written examination boards has 10 merit points, the oral test are open to candidates who have achieved in the three written tests, an overall score of at least 90 points and a minimum score of 30 points for at least two prove.3. The oral examinations are to: a) in the discussion, after a brief explanation of the written tests, short questions relating to five subjects, chosen in advance by the candidate from among the following: constitutional law, civil law, commercial law, employment law, criminal law administrative law, tax law, procedural law, procedural law criminal law, private international law, ecclesiastical law, b) in the proof of knowledge of the bar and the rights and obligations of the lawyer .4. For the oral exam every member of the commission has 10 merit points for each of the matters being considered by .5. Are considered suitable candidates who receive an overall score for the oral exams at least 180 points and a minimum score of 30 points for at least five tests. "
Article 4.
1. In the first paragraph of 'Article 21 of Royal Decree of 22 January 1934, No 37, after the words "refer to the codes," are added to the following: "even commented exclusively to the case."
Article 5.
1. L 'article 22 of Royal Decree of 22 January 1934, No 37, reads as follows: "Art. 22. - 1. The candidate will be delivered in each of three days to examine two envelopes of the same color, a big equipped with a coupon serial number, serial number corresponding to the same list of candidates admitted to the examination, and one containing a small bianco.2 card. The candidate, having developed the theme, with no subscription or affix another sign, put the sheet or sheets in large envelope, which also makes the small envelope, sealed, containing the white paper where he stated his name, surname, date of birth and residence, and the delivery All the President or his / her place. The latter, after verifying that the number of large envelope marked on the coupon matches the serial number of the applicant shall affix his signature across the envelope in the same way that ruins including its flap, and, on the edges glued the imprint in the wax seal of commissione.3. All envelopes containing the work is entrusted, at the end of each test, the Secretary, after collecting them in one or more parcels signed out by one of the members of the committee, and sealed in wax with the imprint of the seal of the Board .4. In the days immediately following the last test and at the hour indicated by the Chairman, the Committee in plenary session, in the presence of at least five persons nominated by the President and promptly informed, finds that the seals and signatures, he opened the parcel containing the envelopes with the work brings together the three envelopes with their respective coupons the same number and, after removing the coupons, the largest closed in a single envelope, which is affixed a serial number only when it is completed the regrouping for all the envelopes with the work, taking care to stir envelopes themselves before affixing the predicted number progressivo.5. All envelopes shall be duly numbered and sealed with a bow collected in the same manner as in secondo.6 paragraph. Of all the transactions referred to in the preceding paragraphs, as well as everything that happens during the course of the tests, Minutes shall be signed by the Chairman or his representative and the segretario.7. The review of the work contained in three bags grouped under the fourth paragraph is accomplished together. "
Article 6.
1. The first two paragraphs of 'Article 23 of Royal Decree of 22 January 1934, No 37, are replaced by the following: "The commission, in the case of division into sub-committees, performs the review of written work in the shortest time and in any case not later than six months after the conclusion of the evidence: an extension of that deadline may be placed once, and in any event not later than ninety days, by order of the President of the Court of Appeal, the circumstances are exceptional and duly accertati.La committee assigns a score to each of the three papers grouped according to Article 22, fourth paragraph, after reading all three, with the rules laid down in Article 17-bis. "
Section 7.
1. The fourth paragraph of 'Article 25 of Royal Decree of 22 January 1934, No 37, is replaced by the following: the interval between the filing of the list of allowed and the start of oral evidence can not be less than one month nor more than two. "
Article 8.
1. In the second paragraph of 'Article 26 of the Royal Decree of 22 January 1934, No 37, the words "in accordance with the standards prescribed in Art. 27 "are replaced by" under the rules set out in Article 17-bis. "
Article 9.
1. Are hereby repealed Article 18, first and second paragraphs, Article 25, first and second paragraphs, el 'Article 27, first and second paragraphs of the Royal Decree of 22 January 1934, No 37.
Article 10.
1. In the second paragraph of 'Article 8 of the Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, and replaced by Article 1 of Law July 24, 1985, No 406, the words "four years" shall replaced by "six years".
Article 11.
1. The provisions of this Act shall apply to the exam session solicitor in July 1989.
2. For the examination session for the year 1988 were also admitted to hearing the candidates, having obtained not less than five points in the written tests have earned in the other no less than seven points.
Article 12.
1. This Act comes into force on the day following its publication in the Gazette ufficiale.La this Law, bearing the seal of the state, will be included in the official collection of normative acts of the Italian republic. It is mandatory for all to observe and enforced as state law.
Legislative
Legislative Chamber of Deputies (Act No. 1889): presented by the Minister of Justice (vassals) November 14, 1987. Assigned to the Second Committee (justice), in a reporting, December 2, 1987, with the opinion of the v. Examined by Commission II, in a reporting, December 2, 1987. Re-assigned to the Second Commission, during the legislative, March 9, 1988. Examined by Commission II, in the legislative, 26, 28 April 1988, May 10, 1988 and approved May 17, 1988. Senate of the Republic (Act No. 1050): assigned to the Second Committee (Justice), during the deliberation, June 3, 1988, with the opinions of committees first and fifth. Examined by the committee on the second nine, and approved June 15, 1988 June 16, 1988.
Given in Rome, this day of June 27 1988CossigaDe Mita, the Prime MinistriVassalli, Minister of GiustiziaVisto, The Keeper: Vassalli
THE CHAMBER OF DEPUTIES AND THE SENATE HAVE APPROVED OF THE REPUBLIC, THE PRESIDENT OF THE REPUBLIC
PROMULGATES
the following law:
ART. 1.
1. L 'article 22 of Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, No. 5 and amended by article 1 of the Law of March 23, 1940, No 254, reads as follows: "Art. 22. - 1. Solicitor of the exams take place in July of each year of the Courts of appello.2. The themes for each written examination are given by the Minister of giustizia.3. The exam boards are appointed by the Minister of Justice and each is composed of five members and five alternates, of whom two members and two alternate members are lawyers, members of at least eight years to an order of the District Court of Appeals seat examination, two members and two alternates are judges of the same district, with qualifications not less than that of adviser to the court of appeal, one member and one alternate are full or associate professor of law at a university in the republic, or at any school superiore.4. The advocates who are examining boards are appointed by the National Council of the Bar, on a joint councils of each district, ensuring the presence in each committee, in annual rotation, at least one lawyer for every order of the district council . The Minister of Justice appoints all examining board for the president and the vice-ons avvocati.5. The deputies involved in the committee to replace any member effettivo.6. If the number of applicants who have submitted applications for admission exceed two hundred and fifty units, boards of examiners may be supplemented by a decree of the Minister of Justice, to be issued before completion of the written tests, a number of alternate members with the same requirements for the members to allow the only remaining president, the division into subcommittees, each consisting of a number of components equal to the original committee and a secretary. Each of the subcommittees can not be allocated a number of candidates exceeds two hundred and fifty. "
Article 2.
1. All 'Article 2 of Law July 24, 1985, No 406, is adding the following paragraph: "The Minister of Justice, after consulting the National Bar Association, shall determine, by decree, how to the completion of the case and to ascertain its actual conduct. "
Article 3.
1. After the 'Article 17 of Royal Decree of 22 January 1934, No 37, is added as follows: "Art. 17-bis. - 1. The written tests are three. They are carried out on the issues raised by the Minister of Justice and relate to: a) preparing a reasoned opinion, to choose between two matters regulated by the Civil Code, b) draw up a reasoned opinion, to be chosen between two issues regulated by the Penal Code; c) the establishment of a judicial act which posits knowledge of substantive law and procedural law, on a question proposed by the candidate on choice between private law, criminal law and the right amministrativo.2. For each component of each written examination boards has 10 merit points, the oral test are open to candidates who have achieved in the three written tests, an overall score of at least 90 points and a minimum score of 30 points for at least two prove.3. The oral examinations are to: a) in the discussion, after a brief explanation of the written tests, short questions relating to five subjects, chosen in advance by the candidate from among the following: constitutional law, civil law, commercial law, employment law, criminal law administrative law, tax law, procedural law, procedural law criminal law, private international law, ecclesiastical law, b) in the proof of knowledge of the bar and the rights and obligations of the lawyer .4. For the oral exam every member of the commission has 10 merit points for each of the matters being considered by .5. Are considered suitable candidates who receive an overall score for the oral exams at least 180 points and a minimum score of 30 points for at least five tests. "
Article 4.
1. In the first paragraph of 'Article 21 of Royal Decree of 22 January 1934, No 37, after the words "refer to the codes," are added to the following: "even commented exclusively to the case."
Article 5.
1. L 'article 22 of Royal Decree of 22 January 1934, No 37, reads as follows: "Art. 22. - 1. The candidate will be delivered in each of three days to examine two envelopes of the same color, a big equipped with a coupon serial number, serial number corresponding to the same list of candidates admitted to the examination, and one containing a small bianco.2 card. The candidate, having developed the theme, with no subscription or affix another sign, put the sheet or sheets in large envelope, which also makes the small envelope, sealed, containing the white paper where he stated his name, surname, date of birth and residence, and the delivery All the President or his / her place. The latter, after verifying that the number of large envelope marked on the coupon matches the serial number of the applicant shall affix his signature across the envelope in the same way that ruins including its flap, and, on the edges glued the imprint in the wax seal of commissione.3. All envelopes containing the work is entrusted, at the end of each test, the Secretary, after collecting them in one or more parcels signed out by one of the members of the committee, and sealed in wax with the imprint of the seal of the Board .4. In the days immediately following the last test and at the hour indicated by the Chairman, the Committee in plenary session, in the presence of at least five persons nominated by the President and promptly informed, finds that the seals and signatures, he opened the parcel containing the envelopes with the work brings together the three envelopes with their respective coupons the same number and, after removing the coupons, the largest closed in a single envelope, which is affixed a serial number only when it is completed the regrouping for all the envelopes with the work, taking care to stir envelopes themselves before affixing the predicted number progressivo.5. All envelopes shall be duly numbered and sealed with a bow collected in the same manner as in secondo.6 paragraph. Of all the transactions referred to in the preceding paragraphs, as well as everything that happens during the course of the tests, Minutes shall be signed by the Chairman or his representative and the segretario.7. The review of the work contained in three bags grouped under the fourth paragraph is accomplished together. "
Article 6.
1. The first two paragraphs of 'Article 23 of Royal Decree of 22 January 1934, No 37, are replaced by the following: "The commission, in the case of division into sub-committees, performs the review of written work in the shortest time and in any case not later than six months after the conclusion of the evidence: an extension of that deadline may be placed once, and in any event not later than ninety days, by order of the President of the Court of Appeal, the circumstances are exceptional and duly accertati.La committee assigns a score to each of the three papers grouped according to Article 22, fourth paragraph, after reading all three, with the rules laid down in Article 17-bis. "
Section 7.
1. The fourth paragraph of 'Article 25 of Royal Decree of 22 January 1934, No 37, is replaced by the following: the interval between the filing of the list of allowed and the start of oral evidence can not be less than one month nor more than two. "
Article 8.
1. In the second paragraph of 'Article 26 of the Royal Decree of 22 January 1934, No 37, the words "in accordance with the standards prescribed in Art. 27 "are replaced by" under the rules set out in Article 17-bis. "
Article 9.
1. Are hereby repealed Article 18, first and second paragraphs, Article 25, first and second paragraphs, el 'Article 27, first and second paragraphs of the Royal Decree of 22 January 1934, No 37.
Article 10.
1. In the second paragraph of 'Article 8 of the Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, and replaced by Article 1 of Law July 24, 1985, No 406, the words "four years" shall replaced by "six years".
Article 11.
1. The provisions of this Act shall apply to the exam session solicitor in July 1989.
2. For the examination session for the year 1988 were also admitted to hearing the candidates, having obtained not less than five points in the written tests have earned in the other no less than seven points.
Article 12.
1. This Act comes into force on the day following its publication in the Gazette ufficiale.La this Law, bearing the seal of the state, will be included in the official collection of normative acts of the Italian republic. It is mandatory for all to observe and enforced as state law.
Legislative
Legislative Chamber of Deputies (Act No. 1889): presented by the Minister of Justice (vassals) November 14, 1987. Assigned to the Second Committee (justice), in a reporting, December 2, 1987, with the opinion of the v. Examined by Commission II, in a reporting, December 2, 1987. Re-assigned to the Second Commission, during the legislative, March 9, 1988. Examined by Commission II, in the legislative, 26, 28 April 1988, May 10, 1988 and approved May 17, 1988. Senate of the Republic (Act No. 1050): assigned to the Second Committee (Justice), during the deliberation, June 3, 1988, with the opinions of committees first and fifth. Examined by the committee on the second nine, and approved June 15, 1988 June 16, 1988.
Given in Rome, this day of June 27 1988CossigaDe Mita, the Prime MinistriVassalli, Minister of GiustiziaVisto, The Keeper: Vassalli
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