The DIRECTOR-GENERAL of civil justice having regard to the request of Mr. Rosson Alexander, born on April 21, 1967 in Levanto (Italy), Italian citizen to obtain, in accordance with art. 16 of legislative decree 206/2007, recognition of the professional title ' Abogado ' for the purposes of access to 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 regulation referred to in article 9 of legislative decree quoted above, regarding aptitude test for the exercise of the legal profession; Considering that in the present case the applicant Mr. Rosson is in possession of an academic qualification obtained in December 1999 in Italy at the Alma Mater Studiorum University of Bologna; 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; Given that the Ministry of Educacion Spanish, by Act of August 10, 2010, having ascertained the expected exams, certified the approval of Italian to Spanish correspondent degree; Considered which documented to be listed since December 2010 the "Ilustre Colegio de Abogados» in Lorca (Spain); 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; 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; Felt that the written exam State exam for the profession of lawyer in Italy cannot be evaluated with a view to reducing the compensatory measure, considered the inscindibilita's examination of State itself in its parts: written and oral; Held in effect that such examination constitutes a "unique" which can be taken into account only in the complexity of its final result, allowing you to experience the possession of the minimum requirements needed to practice; Was therefore considered that applicants who have passed the State examination scripts in Italy go applying the compensatory measure which also provides written evidence, in addition to oral, given its imprescindibilita ' in order to proper evaluation of professionalism of applicants themselves. Not considered, therefore, that the conditions for finding a situation of analogy of training, we should provide for the application of a compensatory measure includes 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, 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 June 23, 2011; Considered the subject written opinion of the representative of the category at its sitting above;
Decrees: to Mr. Rosson Alexander, born on April 21, 1967 in Levanto (Italy), Italian citizen, intended to attract, it is recognized the professional title ' abogado ' 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, in order to be accepted to support the aptitude test, he shall submit to the National Council of lawyers question in legal size 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 person concerned has taken place certification exam and eventual admitted to membership.
Rome, October 21, 2011 Director General: Berlin