DECREE-LAW May 21, 2003, No 112 (coordinated and amended by Law No 180/2003 conversion)
(published in Official Gazette No. 117 of May 22, 2003 eripubblicato in the Official Gazette No. 167 of July 21, 2003)
URGENT CHANGES TO THE RULES OF THE QUALIFICATION TESTS LEGAL PROFESSION
The President of the Republic
Having regard to Articles 77 and 87 of Constitution;
Considering the extraordinary need and urgency to amend the provisions relating to the conduct of the practice and forensic examination of competency to the legal profession, in order to rationalize the conduct and content of the examination and to avoid, also, since the next session, a continuation of steady and significant heterogeneity between the percentages promoted in the various examination centers;
Given the decision of the Council of Ministers, adopted at its meeting on May 16, 2003;
On the proposal of the Prime Minister and the Minister of Justice, in consultation with the Minister of Economy and Finance, issued the following
Decree-Law: Article 1
.
Amendment to Article 9 of the Rules of the decree of the President of the Republic April 10, 1990, No 101
1. Article 9 of the Rules of the decree of the President of the Republic April 10, 1990, No 101, is replaced by the following:
"Art 9 (certificate of practical completion).
1. The certificate of practice made under Article 10 of Royal Decree of 22 January 1934, No 37, issued by the Bar Council is the place where the practitioner has done most of the practice or, in the event of a tie, the place where the practice was initiated. The certificate of practical tasks can not be issued more than once.
2. In case of transfer of the practitioner, the board sending the order certifying the case on previous assessment periods.
3. The certificate referred to in paragraphs 1 and 2 identifies the Court of Appeal at which the student can take the exams as a lawyer. "
1. ca. "Until December 31, 2003, the certificate referred to in Article 9 of the Rules of the decree of the President of the Republic April 10, 1990, No 101, as substituted by paragraph 1 of this Article shall be issued by the Bar Council in the place where the practitioner appears to be writing the date of entry into force of this decree. "
Article 1-bis.
Amendment to Article 22 of Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36
1. Article 22 of Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, is replaced by the following:
"Art 22.
1. The bar exam shall take place simultaneously at each Court of Appeal.
2. The themes for each test are given by the Minister of Justice.
3. By decree of the Minister of Justice, to be issued not later than thirty days from the publication of the decree containing the notice of review, the committee was appointed consisting of five members and five alternates, of whom two members and two alternate members are lawyers, enrolled for at least twelve years in the Lawyers, two members and two alternate members are judges, with qualifications not less than Magistrate Court of Appeal, one member and one alternate are full or associate professor of law at a university in the Republic, or at a tertiary institution . The committee based at the Ministry of Justice. For the functions of the Secretary, the Minister shall appoint an employee of the Administration C belonging to the administrative staff, as outlined by the national collective agreement for workers at the Ministries of February 16, 1999.
4. By the same decree referred to in paragraph 3, at each place of the Court of Appeal, was appointed a subcommittee having identical composition to the Committee referred to in that subsection 3.
5. The Minister of Justice appoints the committee and each subcommittee chairman and the vice-ons lawyers. the deputies involved in the committee and subcommittees in place of any member.
6. The lawyers committee members and subcommittees are appointed by the Bar Council on a joint councils of each district, ensuring the presence in each subcommittee, in annual rotation, at least one lawyer for every order of the district council. Can not be appointed lawyers who are members of the councils or representatives of National Welfare and forensic assistance. The lawyers committee members and subcommittees are not eligible for their respective councils and representatives of the office of National Welfare and forensic assistance to the elections held immediately following the assignment. Magistrates are appointed under the guidance provided by the presidents of courts of appeal.
7. If the number of candidates who have submitted applications for admission exceed three hundred units in each Court of Appeals, by decree of the Minister of Justice to be issued before completion of the written tests are named more subcommittees, each consisting of a number of components equal to that of the subcommittee appointed under subsection 4 and a secretary.
8. Each subcommittee can not be assigned a number of candidates more than three hundred.
9. The commission established by the Ministry of Justice has described the criteria for evaluation of written papers and oral tests, and the chairman shall inform the subcommittees. The committee is still required to provide the following evaluation criteria: a.
clear, logical and methodological rigor of exposure;
b. concrete demonstration of the ability to solve specific legal problems;
c. demonstration of knowledge of the theoretical foundations of legal treaties;
d. demonstrate an understanding of any profiles of interdisciplinarity;
e. regarding the judicial act, demonstration of mastery of persuasion techniques.
10. Where procedural irregularities have been detected, the sub-committee to communicate the measures taken, which shall be used for the detection of the definition of the defensive line of the Administration in the litigation. "
2. The provisions in the second and third sentence of paragraph 6 of Article 22 of Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, as substituted by paragraph 1 of this article, apply with respect to the committee and subcommittees to be appointed after the date of entry into force of this decree.
Article 1-c.
Amendment to Article 16 of Royal Decree of 22 January 1934, No 37
1. Article 16, first paragraph, of the Royal Decree of 22 January 1934, No 37, the words, "the jury" shall be replaced by "the subcommittee set up under Article 22, paragraph 4, of Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, as amended. "
Article 2.
Changes Article 15 of Royal Decree of 22 January 1934, No 37
01. Article 15 of Royal Decree of 22 January 1934, No 37, the third paragraph is deleted.
02. Article 15, fourth paragraph, of the Royal Decree of 22 January 1934, No 37, the word "commission" shall be replaced by "sub".
1. "Article 15 of Royal Decree of 22 January 1934, No 37, after the fourth paragraph shall be inserted the following:
"By further decree, the Minister of Justice shall determine, by lot, the matching between the identified candidates in accordance with Article 9, paragraph 3 of the Rules of the decree of President Republic of April 10, 1990, No 101, as amended, and the headquarters of the Court of Appeal takes place where the correction of written assignments.
The draw of the preceding paragraph shall be made after grouping the locations of the Court of Appeal that have a number of applications it sufficiently homogeneous to ensure the adequacy between the composition of the subcommittees and the number of examination candidates each site.
The oral exam takes place in the same place of the written test ".
Article 3.
Amendments to Article 23 of Royal Decree of 22 January 1934, n. 37
1. Article 23 of Royal Decree of 22 January 1934, No. 37, are prefixed the following paragraphs:
"Once all the transactions referred to in Article 22, the chairman of the subcommittee referred to in Article 22, paragraph 4, of Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, as amended, shall notify the President of the Court of Appeal which, even through the person in charge, ordered the transfer of the envelopes containing the papers prepared by candidates for the Court of Appeal identified pursuant to Article 15, paragraphs fourth and fifth, with which the correction must be made by means of delivery to the inspector of the prison service specifically delegated by the Chief the department of the penitentiary.
The President of the Court of Appeal identified pursuant to Article 15, fourth and fifth paragraphs, in which the correction must be made, received, even through the person in charge, the envelopes containing the papers and ordering the delivery to Chairmen of subcommittees, which attested the proper receipt of the envelopes, have the start of operations review of the documents referred to therein.
upon the completion of correction of entries, the President of the Court of Appeal identified pursuant to Article 15, fourth and fifth paragraphs, receives the chairmen of the subcommittees under Article 22, paragraph 4, of Royal Decree Law of 27 November 1933 No 1578, ratified with amendments by Law 22 January 1934, No 36, as amended, the envelopes containing the papers, the minutes show the correction operations and the opinions expressed, and arrange for the transfer to the Court of Appeal for membership of the candidates, which takes place at the oral examination. The transfer is made in the manner specified in the preceding paragraphs. "
Article 4.
Amendments to Article 21 of Royal Decree of 22 January 1934, No
37 (Deleted) Article 5
.
Amendments to Article 17-bis of Royal Decree of 22 January 1934, No 37
1. Article 17-bis, paragraph 3, letter a) of the Royal Decree of 22 January 1934, No 37, after the words "Church law" shall be added the following: "and European law."
Article 5-bis.
standard coordination
1. Unless otherwise provided in this Ordinance and except in cases of revocation, by incompatibility in the Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, and the Royal Decree of 22 January 1934 No 37, the reference to the examination board means the Subcommittee examined. "
Article 6. Amendments to Article
22 of Royal Decree-Law of 27 November 1933, No 1578
(Deleted) Article 6-bis
.
exam to practice law in the Court of Appeal of Trento
1. For the exam to practice law in the Court of Appeal of Trento, Bolzano branch section shall not apply to Articles 2 and 3 of this decree. Remain subject to the provisions of Articles 99 and 100 of the Consolidated Law on constitutional special status for the Trentino-Alto Adige, in the decree of the President of the Republic August 31, 1972, No 670, and the Decree of the President July 15, 1988, No 574, for the composition of the Subcommittee in Article 22, paragraph 4, of Royal Decree Law of 27 November 1933 No 1578, ratified with amendments by Law 22 January 1934, No 36, as amended by Article 1-bis of this decree.
Article 6-b. Final provisions
1. The provisions of Articles 1-a, 1-b, 2, 3, 5-bis-bis and 6 do not apply to the first examination session following the date of entry into force of this decree.
2. They can not be assigned to committee members and subcommittees lawyers who are members of the councils or representatives of National Welfare and forensic assistance. Lawyers components committee and subcommittees are not eligible for their respective councils and representatives of the office of National Welfare and forensic assistance to the elections held immediately following the assignment. Magistrates are appointed under the instructions given by the presidents of courts of appeal. "
Section 7.
standard coverage
1. For the operation of the Committee referred to in Article 1-A has authorized the expenditure of € 9,264 per year starting in 2004.
1. ca. For transactions relating to the submission of the documents referred to in Article 3 shall be eligible for expenditure of € 34,144 per year with effect since 2004.
1. ter. Obligations under this Article, equal to € 43,408 per year starting in 2004, accounted for by corresponding reduction of the projections for the years 2004 and 2005 in appropriations for the 2003-2005 three-year budget, in unit forecast basic current account "Special Fund" of the budget of the Ministry of Economy and Finance for the year 2003, making partial use of the provision for the Ministry of Justice.
2. The Minister of Economy and Finance is authorized to make by decree, the necessary budget changes.
Article 8.
Entry into force 1. This Decree shall enter into force on the day following its publication in the Official Gazette of the Italian Republic and will be presented to both Houses for the conversion into law.
This decree, bearing the seal of the State, will be included in the official collection of normative acts of the Italian Republic. shall be obligatory for all to observe and enforce them.
(published in Official Gazette No. 117 of May 22, 2003 eripubblicato in the Official Gazette No. 167 of July 21, 2003)
URGENT CHANGES TO THE RULES OF THE QUALIFICATION TESTS LEGAL PROFESSION
The President of the Republic
Having regard to Articles 77 and 87 of Constitution;
Considering the extraordinary need and urgency to amend the provisions relating to the conduct of the practice and forensic examination of competency to the legal profession, in order to rationalize the conduct and content of the examination and to avoid, also, since the next session, a continuation of steady and significant heterogeneity between the percentages promoted in the various examination centers;
Given the decision of the Council of Ministers, adopted at its meeting on May 16, 2003;
On the proposal of the Prime Minister and the Minister of Justice, in consultation with the Minister of Economy and Finance, issued the following
Decree-Law: Article 1
.
Amendment to Article 9 of the Rules of the decree of the President of the Republic April 10, 1990, No 101
1. Article 9 of the Rules of the decree of the President of the Republic April 10, 1990, No 101, is replaced by the following:
"Art 9 (certificate of practical completion).
1. The certificate of practice made under Article 10 of Royal Decree of 22 January 1934, No 37, issued by the Bar Council is the place where the practitioner has done most of the practice or, in the event of a tie, the place where the practice was initiated. The certificate of practical tasks can not be issued more than once.
2. In case of transfer of the practitioner, the board sending the order certifying the case on previous assessment periods.
3. The certificate referred to in paragraphs 1 and 2 identifies the Court of Appeal at which the student can take the exams as a lawyer. "
1. ca. "Until December 31, 2003, the certificate referred to in Article 9 of the Rules of the decree of the President of the Republic April 10, 1990, No 101, as substituted by paragraph 1 of this Article shall be issued by the Bar Council in the place where the practitioner appears to be writing the date of entry into force of this decree. "
Article 1-bis.
Amendment to Article 22 of Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36
1. Article 22 of Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, is replaced by the following:
"Art 22.
1. The bar exam shall take place simultaneously at each Court of Appeal.
2. The themes for each test are given by the Minister of Justice.
3. By decree of the Minister of Justice, to be issued not later than thirty days from the publication of the decree containing the notice of review, the committee was appointed consisting of five members and five alternates, of whom two members and two alternate members are lawyers, enrolled for at least twelve years in the Lawyers, two members and two alternate members are judges, with qualifications not less than Magistrate Court of Appeal, one member and one alternate are full or associate professor of law at a university in the Republic, or at a tertiary institution . The committee based at the Ministry of Justice. For the functions of the Secretary, the Minister shall appoint an employee of the Administration C belonging to the administrative staff, as outlined by the national collective agreement for workers at the Ministries of February 16, 1999.
4. By the same decree referred to in paragraph 3, at each place of the Court of Appeal, was appointed a subcommittee having identical composition to the Committee referred to in that subsection 3.
5. The Minister of Justice appoints the committee and each subcommittee chairman and the vice-ons lawyers. the deputies involved in the committee and subcommittees in place of any member.
6. The lawyers committee members and subcommittees are appointed by the Bar Council on a joint councils of each district, ensuring the presence in each subcommittee, in annual rotation, at least one lawyer for every order of the district council. Can not be appointed lawyers who are members of the councils or representatives of National Welfare and forensic assistance. The lawyers committee members and subcommittees are not eligible for their respective councils and representatives of the office of National Welfare and forensic assistance to the elections held immediately following the assignment. Magistrates are appointed under the guidance provided by the presidents of courts of appeal.
7. If the number of candidates who have submitted applications for admission exceed three hundred units in each Court of Appeals, by decree of the Minister of Justice to be issued before completion of the written tests are named more subcommittees, each consisting of a number of components equal to that of the subcommittee appointed under subsection 4 and a secretary.
8. Each subcommittee can not be assigned a number of candidates more than three hundred.
9. The commission established by the Ministry of Justice has described the criteria for evaluation of written papers and oral tests, and the chairman shall inform the subcommittees. The committee is still required to provide the following evaluation criteria: a.
clear, logical and methodological rigor of exposure;
b. concrete demonstration of the ability to solve specific legal problems;
c. demonstration of knowledge of the theoretical foundations of legal treaties;
d. demonstrate an understanding of any profiles of interdisciplinarity;
e. regarding the judicial act, demonstration of mastery of persuasion techniques.
10. Where procedural irregularities have been detected, the sub-committee to communicate the measures taken, which shall be used for the detection of the definition of the defensive line of the Administration in the litigation. "
2. The provisions in the second and third sentence of paragraph 6 of Article 22 of Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, as substituted by paragraph 1 of this article, apply with respect to the committee and subcommittees to be appointed after the date of entry into force of this decree.
Article 1-c.
Amendment to Article 16 of Royal Decree of 22 January 1934, No 37
1. Article 16, first paragraph, of the Royal Decree of 22 January 1934, No 37, the words, "the jury" shall be replaced by "the subcommittee set up under Article 22, paragraph 4, of Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, as amended. "
Article 2.
Changes Article 15 of Royal Decree of 22 January 1934, No 37
01. Article 15 of Royal Decree of 22 January 1934, No 37, the third paragraph is deleted.
02. Article 15, fourth paragraph, of the Royal Decree of 22 January 1934, No 37, the word "commission" shall be replaced by "sub".
1. "Article 15 of Royal Decree of 22 January 1934, No 37, after the fourth paragraph shall be inserted the following:
"By further decree, the Minister of Justice shall determine, by lot, the matching between the identified candidates in accordance with Article 9, paragraph 3 of the Rules of the decree of President Republic of April 10, 1990, No 101, as amended, and the headquarters of the Court of Appeal takes place where the correction of written assignments.
The draw of the preceding paragraph shall be made after grouping the locations of the Court of Appeal that have a number of applications it sufficiently homogeneous to ensure the adequacy between the composition of the subcommittees and the number of examination candidates each site.
The oral exam takes place in the same place of the written test ".
Article 3.
Amendments to Article 23 of Royal Decree of 22 January 1934, n. 37
1. Article 23 of Royal Decree of 22 January 1934, No. 37, are prefixed the following paragraphs:
"Once all the transactions referred to in Article 22, the chairman of the subcommittee referred to in Article 22, paragraph 4, of Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, as amended, shall notify the President of the Court of Appeal which, even through the person in charge, ordered the transfer of the envelopes containing the papers prepared by candidates for the Court of Appeal identified pursuant to Article 15, paragraphs fourth and fifth, with which the correction must be made by means of delivery to the inspector of the prison service specifically delegated by the Chief the department of the penitentiary.
The President of the Court of Appeal identified pursuant to Article 15, fourth and fifth paragraphs, in which the correction must be made, received, even through the person in charge, the envelopes containing the papers and ordering the delivery to Chairmen of subcommittees, which attested the proper receipt of the envelopes, have the start of operations review of the documents referred to therein.
upon the completion of correction of entries, the President of the Court of Appeal identified pursuant to Article 15, fourth and fifth paragraphs, receives the chairmen of the subcommittees under Article 22, paragraph 4, of Royal Decree Law of 27 November 1933 No 1578, ratified with amendments by Law 22 January 1934, No 36, as amended, the envelopes containing the papers, the minutes show the correction operations and the opinions expressed, and arrange for the transfer to the Court of Appeal for membership of the candidates, which takes place at the oral examination. The transfer is made in the manner specified in the preceding paragraphs. "
Article 4.
Amendments to Article 21 of Royal Decree of 22 January 1934, No
37 (Deleted) Article 5
.
Amendments to Article 17-bis of Royal Decree of 22 January 1934, No 37
1. Article 17-bis, paragraph 3, letter a) of the Royal Decree of 22 January 1934, No 37, after the words "Church law" shall be added the following: "and European law."
Article 5-bis.
standard coordination
1. Unless otherwise provided in this Ordinance and except in cases of revocation, by incompatibility in the Royal Decree-Law of 27 November 1933, No 1578, ratified with amendments by Law 22 January 1934, No 36, and the Royal Decree of 22 January 1934 No 37, the reference to the examination board means the Subcommittee examined. "
Article 6. Amendments to Article
22 of Royal Decree-Law of 27 November 1933, No 1578
(Deleted) Article 6-bis
.
exam to practice law in the Court of Appeal of Trento
1. For the exam to practice law in the Court of Appeal of Trento, Bolzano branch section shall not apply to Articles 2 and 3 of this decree. Remain subject to the provisions of Articles 99 and 100 of the Consolidated Law on constitutional special status for the Trentino-Alto Adige, in the decree of the President of the Republic August 31, 1972, No 670, and the Decree of the President July 15, 1988, No 574, for the composition of the Subcommittee in Article 22, paragraph 4, of Royal Decree Law of 27 November 1933 No 1578, ratified with amendments by Law 22 January 1934, No 36, as amended by Article 1-bis of this decree.
Article 6-b. Final provisions
1. The provisions of Articles 1-a, 1-b, 2, 3, 5-bis-bis and 6 do not apply to the first examination session following the date of entry into force of this decree.
2. They can not be assigned to committee members and subcommittees lawyers who are members of the councils or representatives of National Welfare and forensic assistance. Lawyers components committee and subcommittees are not eligible for their respective councils and representatives of the office of National Welfare and forensic assistance to the elections held immediately following the assignment. Magistrates are appointed under the instructions given by the presidents of courts of appeal. "
Section 7.
standard coverage
1. For the operation of the Committee referred to in Article 1-A has authorized the expenditure of € 9,264 per year starting in 2004.
1. ca. For transactions relating to the submission of the documents referred to in Article 3 shall be eligible for expenditure of € 34,144 per year with effect since 2004.
1. ter. Obligations under this Article, equal to € 43,408 per year starting in 2004, accounted for by corresponding reduction of the projections for the years 2004 and 2005 in appropriations for the 2003-2005 three-year budget, in unit forecast basic current account "Special Fund" of the budget of the Ministry of Economy and Finance for the year 2003, making partial use of the provision for the Ministry of Justice.
2. The Minister of Economy and Finance is authorized to make by decree, the necessary budget changes.
Article 8.
Entry into force 1. This Decree shall enter into force on the day following its publication in the Official Gazette of the Italian Republic and will be presented to both Houses for the conversion into law.
This decree, bearing the seal of the State, will be included in the official collection of normative acts of the Italian Republic. shall be obligatory for all to observe and enforce them.
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