Wednesday, May 20, 2009
Thursday, May 14, 2009
Camp Barett Juvenile Detention Facility
No to the legal profession for civil servants
The Constitutional Court, by order No. 91/2009 declaring the manifest inadmissibility of the question of constitutionality raised by the Court of Naples. Therefore, lawyers can not be registered as civil servants, even if part time.
The Constitutional Court emphasizes the incompatibility between the status of civil servant, and the practice of law in response to a review of constitutionality raised by the Tribunal of Naples on Paragraphs. 1 and 2 of Law No 339/2003. The reason for this prohibition is identified in the hazard and the frequency of potential problems implications resulting from the civil service and the legal profession. The Supreme Court also invoked earlier rulings thus making its solid case law in this regard. Unlike the case of practicing lawyers who are not entitled to practice, as confirmed by the Supreme Court ruling by November 26, 2008, No 28170, may be entered in the register, even if bound by an employment relationship with any public or private. It follows that the practitioner after obtaining the approval by the state exam, must necessarily decide whether to exercise the legal profession or to continue the activities of public employees.
Article taken from the site of the Sun 24 hours
Hack T-mobile Prepaid Sim Cards
Consideration lawyer: the number one vote is not enough motivation to integrate
for cancellation after suspension of effectiveness of the minutes
No 85, announced on 16.6.2008 and prepared by the Subcommittee at its meeting on 03.07.2008 at the Court of Appeal of Lecce, in so far attributed to the three written tests the applicant's score low, totaling 81 points, the consequential
list of those admitted to oral tests, the 2007 session, the qualifying examination to the legal profession in relation to the Catanzaro Court of Appeals and to the extent that it excludes the applicant and note that you are communicating 12/06/2008 exclusion of any other act or
pre-ordained measure, related or consequential, in particular, the criteria laid down in that Subcommittee Minutes with No 16 11 .1.2008 for the evaluation of the projects.
Since the action with its annexes;
Since the entry of appearance in court of the Ministry of Justice;
Since the act of action brought by Attorney Examinations Commission c / o Court of Appeals Catanzaro;
Since the act of action brought by the Commission Consideration of Appeals Court Attorney at Lecce;
view of the briefs;
Taking all of the acts of the case;
Rapporteur in the public hearing of the day 25/03/2009 dr. Luigi Viola also heard, Mr.. Rascazzo for the applicant and Att. Pawn of the State Administration for resistant;
held and considered the facts and law as follows: FACT
The applicant took part in the 2007 session of the qualifying examination to practice as an Advocate at the Court of Appeal of Catanzaro, carrying out their written tests.
On 16.6.2008, received notice from the Court of Appeals refused admission of Catanzaro the oral tests, as a result of the attribution to examination papers by the Subcommittee III at the Court of Appeal of Lecce, the overall assessment of 81 (25 for the test of civil law, 28 for proof of criminal law and 28 to the court documents in civil law), following the exercise of the right of access, as also noted the assessment of examination papers had been made in terms of sheer numbers. The measures specified in
better epigraph were contested by the applicant: 1) breach of art. 3 l. 241, 1990, absolute lack of motivation, 2) violation in the evaluation of the evidence produced in bankruptcy, breach general criteria set out in the sitting of 20.12.2007 by the Central Commission, Ministry of Justice, ultra vires for erroneous conditions, lack of investigation, illogical, contradictory.
pleas on the merits of the government intimate.
the chambers on September 24, 2008, the Chamber granted, by order No. 845, the request for an injunction filed by the applicant, the Commission ordered, in a different formation, to proceed with the review of written tests, <>, by order of December 16, 2008 No 6692, the Fourth Chamber of the Council of State upheld the appeal, however, annulled the decision by the Administration and supervision the TAR, the belief that we can confirm its earlier interim decisions.
At the hearing on March 25, 2009 and then passed in the appeal decision.
a long time now (and in particular, TAR Puglia Lecce, sec. I, June 14, 1996, n. 510), the jurisprudence of the Chamber follows a line of argument holds that the assessment of examination papers or in the form of competition purely numerical totally inadequate to incorporate the obligation to state reasons under Article. 3 of Law August 7, 1990 No 241, in cases in which the general criteria of evaluation of the projects have been predetermined so as to give the Commission a significant appreciation of space (space of appreciation is lacking, of course, in cases of evaluation criteria formulated with reference to predetermined response to questionnaires or other systems that are "guaranteed" evaluation) that needs to be " controlled "by the participants in the selection procedure and ultimately the entire community.
After the intervention of a major decision of the Constitutional Court (Corte cost. Ord. November 14, 2005 No. 419), the orientation has been confirmed by more recent judgments of the Section (TAR Puglia Lecce sect. I No 20 November 2008 3375, 21 December 2006 No 6055 and 6056), based on an argumentative structure that can be called very updated here as well, depending on motivation of this decision:
<> (TAR Puglia Lecce sect. The November 20, 2008, No. 3375, December 21, 2006, n. 6055 and 6056). The above mentioned motivational
framework is not changed by the intervention of the recent decision of 30 January 2009, n. 20 of the Constitutional Court, the decision of the Constitutional Court has, in fact, merely stated as an orientation that tends to be insufficient assessment only in terms of numerical proficiency tests has been well established in case law of the State Council and to exclude that the current structuring of the rules conflict with some constitutional principles (Articles. 24, 11 and 113 of the Constitution, relating only to '<>), obviously, as it is, therefore, a decision that can not be explained prior validity of the power of the court administrative interpretation of the rules governing this (interpretation which, as already noted, leads to consider totally inadequate, in light of the provisions of art. 3 l. August 7, 1990, No. 241 and the evaluation criteria set by the Subcommittee, an assessment of evidence of professional competence in terms of sheer numbers).
Ultimately, even this appeal must therefore be accepted and must be provided for the annulment of the contested acts, the court's evaluation of the projects will therefore be fully renovated, based on the criteria set out in the same sentence and by the Subcommittee with a different composition or a different Sub-examination.
The costs have to be borne by government and paid duty in the absence of expense, in total € 1.500,00 (millecinquecento/00).
condemns the government to pay duty to the plaintiff in the sum of € 1.500,00 (millecinquecento/00), by way of costs. Sort
that this sentence is carried out by the administrative authority.
Decided in Lecce in the closed session of the day 25/03/2009 with the participation of Judges: Aldo
Ravalli, President
Luigi Viola, Advisor, extenders
Massimo Santini, the author Referendary
THE PRESIDENT
FILED IN OFFICE
on 23/04/2009
(Art. 55, L. 27/4/1982, n. 186)
THE SECRETARY
And 'This is the principle by which the Tar Lecce reiterated its continued guidance on forensic examination for certification stating, contrary to repeatedly held by the State Council, that the assessment of examination papers or competition in purely numerical form, is totally inadequate to incorporate the obligation to state reasons under Article. 3, l. August 7, 1990 No 241, in cases in which the general criteria of evaluation of the projects have been predetermined so as to confer on an important area of \u200b\u200bappreciation that must be "controlled" by participants in the selection process and ultimately the entire community.
Mr. Alfredo Matranga
ITALIAN REPUBLIC
IN THE NAME OF THE ITALIAN PEOPLE
The Regional Administrative Court of Puglia
Lecce - Section One
gives the following
JUDGEMENT
The action of general register number 1341 of 2008 proposed by:
BML, represented and defended by the lawyer. GR, with an address at GR in Lecce, via Templars 10; against
Ministry of Justice, Attorney Examinations Commission c / o Court of Appeals Catanzaro, Commission Consideration of Attorney at the Court of Appeal of Lecce, represented and defended by District , legally domiciled in Lecce, Via F. Rubichi 23; for cancellation after suspension of effectiveness of the minutes
No 85, announced on 16.6.2008 and prepared by the Subcommittee at its meeting on 03.07.2008 at the Court of Appeal of Lecce, in so far attributed to the three written tests the applicant's score low, totaling 81 points, the consequential
list of those admitted to oral tests, the 2007 session, the qualifying examination to the legal profession in relation to the Catanzaro Court of Appeals and to the extent that it excludes the applicant and note that you are communicating 12/06/2008 exclusion of any other act or
pre-ordained measure, related or consequential, in particular, the criteria laid down in that Subcommittee Minutes with No 16 11 .1.2008 for the evaluation of the projects.
Since the action with its annexes;
Since the entry of appearance in court of the Ministry of Justice;
Since the act of action brought by Attorney Examinations Commission c / o Court of Appeals Catanzaro;
Since the act of action brought by the Commission Consideration of Appeals Court Attorney at Lecce;
view of the briefs;
Taking all of the acts of the case;
Rapporteur in the public hearing of the day 25/03/2009 dr. Luigi Viola also heard, Mr.. Rascazzo for the applicant and Att. Pawn of the State Administration for resistant;
held and considered the facts and law as follows: FACT
The applicant took part in the 2007 session of the qualifying examination to practice as an Advocate at the Court of Appeal of Catanzaro, carrying out their written tests.
On 16.6.2008, received notice from the Court of Appeals refused admission of Catanzaro the oral tests, as a result of the attribution to examination papers by the Subcommittee III at the Court of Appeal of Lecce, the overall assessment of 81 (25 for the test of civil law, 28 for proof of criminal law and 28 to the court documents in civil law), following the exercise of the right of access, as also noted the assessment of examination papers had been made in terms of sheer numbers. The measures specified in
better epigraph were contested by the applicant: 1) breach of art. 3 l. 241, 1990, absolute lack of motivation, 2) violation in the evaluation of the evidence produced in bankruptcy, breach general criteria set out in the sitting of 20.12.2007 by the Central Commission, Ministry of Justice, ultra vires for erroneous conditions, lack of investigation, illogical, contradictory.
pleas on the merits of the government intimate.
the chambers on September 24, 2008, the Chamber granted, by order No. 845, the request for an injunction filed by the applicant, the Commission ordered, in a different formation, to proceed with the review of written tests, <
At the hearing on March 25, 2009 and then passed in the appeal decision.
LAW
The appeal is based and should therefore be upheld. a long time now (and in particular, TAR Puglia Lecce, sec. I, June 14, 1996, n. 510), the jurisprudence of the Chamber follows a line of argument holds that the assessment of examination papers or in the form of competition purely numerical totally inadequate to incorporate the obligation to state reasons under Article. 3 of Law August 7, 1990 No 241, in cases in which the general criteria of evaluation of the projects have been predetermined so as to give the Commission a significant appreciation of space (space of appreciation is lacking, of course, in cases of evaluation criteria formulated with reference to predetermined response to questionnaires or other systems that are "guaranteed" evaluation) that needs to be " controlled "by the participants in the selection procedure and ultimately the entire community.
After the intervention of a major decision of the Constitutional Court (Corte cost. Ord. November 14, 2005 No. 419), the orientation has been confirmed by more recent judgments of the Section (TAR Puglia Lecce sect. I No 20 November 2008 3375, 21 December 2006 No 6055 and 6056), based on an argumentative structure that can be called very updated here as well, depending on motivation of this decision:
<
framework is not changed by the intervention of the recent decision of 30 January 2009, n. 20 of the Constitutional Court, the decision of the Constitutional Court has, in fact, merely stated as an orientation that tends to be insufficient assessment only in terms of numerical proficiency tests has been well established in case law of the State Council and to exclude that the current structuring of the rules conflict with some constitutional principles (Articles. 24, 11 and 113 of the Constitution, relating only to '<
Ultimately, even this appeal must therefore be accepted and must be provided for the annulment of the contested acts, the court's evaluation of the projects will therefore be fully renovated, based on the criteria set out in the same sentence and by the Subcommittee with a different composition or a different Sub-examination.
The costs have to be borne by government and paid duty in the absence of expense, in total € 1.500,00 (millecinquecento/00).
PQM
The Regional Administrative Court of Puglia, Lecce Section I, finally given a decision on the hosts in the introduction, as motivation and, consequently, has the annulment of the contested measures. condemns the government to pay duty to the plaintiff in the sum of € 1.500,00 (millecinquecento/00), by way of costs. Sort
that this sentence is carried out by the administrative authority.
Decided in Lecce in the closed session of the day 25/03/2009 with the participation of Judges: Aldo
Ravalli, President
Luigi Viola, Advisor, extenders
Massimo Santini, the author Referendary
THE PRESIDENT
FILED IN OFFICE
on 23/04/2009
(Art. 55, L. 27/4/1982, n. 186)
THE SECRETARY
Saturday, May 9, 2009
Dropping Sensation In Abdomen
Esamopoli in Bari, asked 35 indictments, the names
BARI - anyone would do for money, someone else to continue to weave the threads of a system made of patronage relationships. In most cases they were "bribes" in favor for the remaining "friends". The pre-trial stage of the investigation "Esamopoli ', which has disrupted a true" dome "of the recommendation of the Faculty of Economics at the University of Bari, ended with the request for trial 35 between teachers, students, experts on the subject and classroom assistants.
the mesh taut by detectives investigating the core of the provincial department operating Carabinieri were caught eight teachers and experts in the field, 10 classroom assistants and administrative staff, 17 students and parents.
list of suspects are Pasquale Barile, 63; Capolupo Rosa, 58; Ciro Carella, 43 years; Continisio John, 41; Angelantonio Corriero, 28 years; cussin Margaret, 49, Antonio De Feo, 62 years, Bruno De Santis, 58, Massimo Del Vecchio, 47; Furchì Francis, 41; Gelao Thomas, 48, and Matthew La Marca, 43; Lavermicocca Lucia, 43; Lobuono Francis, 48; Stefanos Papagiannis, 27, of greek Ptolemaida; Maurogiovanni Joseph, 62; Michael Militello, 73, Vincent Militello, 48, Luciano Rinaldi, 33; Sergio Rice, 55; Tafuni Easter, 48; Antonio Vaglio, 25; Federico Franco, 72, Teresa Roberta Belsanti, 47, Nicola Cancellara, 24; Cusatelli George, 62; Nunzio Bud, 56, Michelle Branch, 29; Alex Branch , 27; Aldo Barlaam, 63; Marco Barlaam, 25; Lorenzo Ranieri, 56, Cosimo Ranieri, 26, Roberto Ranieri, 24, Roberto De Pasquale, 27.
They have been challenged on various crimes of criminal association, extortion, bribery, false, false attribution of others' work and revelation of secrets. But the magnifying glass of investigators has shown us a myriad of reports of "connivance" between those who ran the sessions of examination or had the opportunity to influence outcomes and a court of beggars, ready to knock on the door of the professor, or to pay for gaining the good offices of a janitor while ensuring the promotion per se, for one child, a grandchild. It is a cross-section of a system of ill repute, the sale of exams (which varied between one thousand and three thousand euro), but most of 'favors' and in this system are in fact involved lawyers, officers of the police officers, bankers, police officers (all graduated) .
Among the cases under investigation, one of the sons of a well-known that Bari was 'recommended' and his two sons 'booked' promotion for the third child. The two boys would have passed at least two examinations without support them. The documents also the recommendation of the son of a university professor who had recommended his son examined by a lawyer (passed) in exchange for promoting the protection of a colleague who three times had passed an examination in economics.
May 7, 2009 - LUCA Natile - Gazzetta del Mezzogiorno
the mesh taut by detectives investigating the core of the provincial department operating Carabinieri were caught eight teachers and experts in the field, 10 classroom assistants and administrative staff, 17 students and parents.
list of suspects are Pasquale Barile, 63; Capolupo Rosa, 58; Ciro Carella, 43 years; Continisio John, 41; Angelantonio Corriero, 28 years; cussin Margaret, 49, Antonio De Feo, 62 years, Bruno De Santis, 58, Massimo Del Vecchio, 47; Furchì Francis, 41; Gelao Thomas, 48, and Matthew La Marca, 43; Lavermicocca Lucia, 43; Lobuono Francis, 48; Stefanos Papagiannis, 27, of greek Ptolemaida; Maurogiovanni Joseph, 62; Michael Militello, 73, Vincent Militello, 48, Luciano Rinaldi, 33; Sergio Rice, 55; Tafuni Easter, 48; Antonio Vaglio, 25; Federico Franco, 72, Teresa Roberta Belsanti, 47, Nicola Cancellara, 24; Cusatelli George, 62; Nunzio Bud, 56, Michelle Branch, 29; Alex Branch , 27; Aldo Barlaam, 63; Marco Barlaam, 25; Lorenzo Ranieri, 56, Cosimo Ranieri, 26, Roberto Ranieri, 24, Roberto De Pasquale, 27.
They have been challenged on various crimes of criminal association, extortion, bribery, false, false attribution of others' work and revelation of secrets. But the magnifying glass of investigators has shown us a myriad of reports of "connivance" between those who ran the sessions of examination or had the opportunity to influence outcomes and a court of beggars, ready to knock on the door of the professor, or to pay for gaining the good offices of a janitor while ensuring the promotion per se, for one child, a grandchild. It is a cross-section of a system of ill repute, the sale of exams (which varied between one thousand and three thousand euro), but most of 'favors' and in this system are in fact involved lawyers, officers of the police officers, bankers, police officers (all graduated) .
Among the cases under investigation, one of the sons of a well-known that Bari was 'recommended' and his two sons 'booked' promotion for the third child. The two boys would have passed at least two examinations without support them. The documents also the recommendation of the son of a university professor who had recommended his son examined by a lawyer (passed) in exchange for promoting the protection of a colleague who three times had passed an examination in economics.
May 7, 2009 - LUCA Natile - Gazzetta del Mezzogiorno
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