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Recognition, Ms Argiolas Maria Assunta, Enabling The Exercise In Italy Of Foreign Distudio Title Profession Oflawyer.

Original Language Title: Riconoscimento, alla sig.ra Argiolas Maria Assunta, di titolo distudio estero abilitante all'esercizio in Italia della professione diavvocato.

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The DIRECTOR-GENERAL of civil justice having regard to the request by Abey Maria Assunta, born November 3, 1975 in Rome, an Italian national, in order to obtain, in accordance with art. 16 of legislative decree 206/2007, the recognition of the professional qualification of which is in possession for the purpose of access and exercise of the profession of an advocate in Italy; Having regard to articles 1 and 8 December 29, 1990, law n. 428, containing provisions for the fulfilment of the obligations arising from Italy's membership of the European Union; Having regard to the Legislative Decree n. 206 November 9, 2007, transposing Directive No. 2005/36/EC of September 7, 2005 on the recognition of professional qualifications; Having regard to the Ministerial Decree of May 28, 2003, # 191, adopting the rules of art. 9 of legislative decree quoted above, regarding aptitude test for the exercise of the legal profession; Considered the ruling of the Court of Justice of January 29, 2009 in so far as, in particular, lays down the principle that cannot be recognized a professional title issued by an authority of a Member State not sanctions any training provided by the education system of that Member State and not be based neither on an exam or professional experience acquired in that Member State; Considering that in the present case, the applicant is in possession of an academic qualification obtained in Italy, law degree from the University of Sassari on July 8, 2005; Considering that the claimant presented documentation for obtaining the diploma of specialist in legal professions on July 26, 2007; Given that the same appears to have supported the examinations required by Spanish law in order to obtain the homologous measure academic title obtained in Italy than analogue of Spanish; Considered, moreover, that the applicant produced certification on completion of the practice in Italy as seen by the Council of the bar of Sassari attested on November 10, 2007; Given that the Ministry of educacion Spanish, by an act of September 23, 2009, having ascertained the expected resolution of April 3, 2006 exams, certified the approval of Italian to Spanish correspondent degree; Considered which documented to be entered in the "Ilustre colegio de abogados» of Madrid from February 9, 2010; Considering that access to the profession of lawyer in Spain does not require any working experience, being founded solely on "academic qualifications" of a degree, so the latter are enough to declare the existence of «professional qualifications» of the holder of a Bachelor's degree; Considered that the above certificate cannot be regarded as a ' mere formal act» or a «simple approval of the degree acquired in Italy, representing rather attesting officer of qualifications acquired in Spanish law; Held, more specifically, that the excess of these exams and subsequent certificate of approval may be qualified as additional training obtained in another Member State as an independent course in Spanish law, different and distinct than the path taken in Italy to obtain the master's degree; Felt, therefore, that the present case can be attributed under estimate referred to above the Court of Justice, having been an additional vocational training acquired in Spain and that, therefore, the conditions for the application of Council directive on the recognition of professional qualifications resulting in recognition of the title of ' abogado ' for the purposes of access to and/or practice of the profession of lawyer in Italy; Considered, moreover, that in accordance with art. 22, second paragraph, of the Legislative Decree n. 206/2007, for access to the profession of lawyer recognition is subject to passing an aptitude test; Thought of having to take into account the Decree May 28, 2003, n. 191 (regulation on the aptitude test for the exercise of the legal profession) in the determination of the aptitude test to be applied to the present case, in view of the fact that it has not yet been issued Ministerial Decree pursuant to art. November 9, 2007, 24 of Legislative Decree n. 206, as well as the fact that the decree under review and implementation of the provisions contained in Legislative Decree January 27, 1992, # 115, whose principles remain even within the discipline of legislative decree 206/2007; Given that the aforementioned Decree provides, in art. paragraph 2, fifth, that "If the applicant is in possession of professional title awarded following training similar to that required by the Italian legal system, the examination consists in the one oral test '; Considered that the reference to "similar training must be interpreted as meaning that the restriction to only oral aptitude test should be applied only in the case of full correspondence of the training acquired by the applicant compared to that provided under our legal system, currently based on three basic premises of graduation, the internship and passing the bar exam; It is necessary to consider that only in case of full correspondence is deemed to not have to impose any aptitude test practice where you have obtained in other EU countries vocational training completely matches the internal; Felt, therefore, that where there is no basis for the finding of a situation by analogy to education, we should provide for the application of a compensatory measure not limited to the oral examination, it is necessary to include a written test in order to bridge the difference of preparation required Italian law for the exercise of the profession of lawyer than that acquired by the person concerned and in order thereby accomplished examination of applicant's professional skills; Felt, on the other hand, that have proven to be the practice in Italy if, on the one hand, you can't allow the prediction referred to above art. 2, comma fifth of Decree No 191, May 28, 2003 to limit only to the oral examination the compensatory measure be applied (as they cannot believe that there is a similar training course), can, on the other hand, allow you to limit the extent of the written test, normally consisting in the drafting of an opinion and a legal act, only to the drafting of a legal act, as the prerequisite for the verification of practical professional skills; Also considered that can't be regarded as useful for the purpose of reducing the aptitude test the additional academic training for the diploma of "specialist school of law»; Felt, therefore, that it is necessary to require an aptitude test that involves the drafting of a judicial as well as in an oral exam on topics essential to the exercise of the profession of lawyer in Italy; View the determinations of conference services at its meeting of November 9, 2010; Considered the subject written opinion of the representative of category attached acts;
Decrees: to Mr. Argiolas Maria Assunta, born November 3, 1975 in Rome (Italian) it is recognized the professional title ' abogado ' referred in the introduction as a valid title for registration of «lawyers». Such approval is conditional upon exceeding the following an aptitude test to be carried out in Italian: a) a written exam consisting in the drafting of a legal act on the following matters, at the option of the applicant: civil law, criminal law, administrative law (substantive and procedural law), civil procedure law, criminal procedure law;
b) only oral examination on two subjects, which is subordinate to the written exam: a test on professional ethics and professional order; a test on one of the following subjects (chosen by the candidate): civil law, criminal law, administrative law (substantive and procedural law), civil procedure law, criminal procedure law, commercial law. The applicant to be admitted to support the aptitude test, he shall submit to the National Council question on legal paper, together with a certified copy of this Decree. The Commission, set up at the National Council shall be convened by the President for the conduct of exams, establishing the calendar. The convening of the Commission and the timetable for the tests is given immediately to the applicant at the address indicated in the application by them. The Commission shall issue to the concerned certification of the exam and eventual admitted to membership.
Rome, February 8, 2011 Director General: Berlin