The DIRECTOR-GENERAL of civil justice having regard to the request of Ms Moraru Federica, born on May 29, 1982 in Brasov, Romanian citizen, intended to attract, pursuant to 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 lawyer 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 November 9, 2007, # 206, 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 Mrs. Moraru is in possession of three-year academic title obtained on December 19, 2005 in Italy at the University of Pisa, and the master degree obtained on October 14, 2008 at the same Italian University; Given that the same appears to have obtained the approval of academic qualifications obtained in Italy to the similar Romanian; Considered, moreover, that the applicant has produced biennial training course certification, as required by the Romanian legal system; Considered which documented to have passed the bar exam to practice as a lawyer in February 2010 at the Board of the Forum of lawyers of Brasov; Given that proved to be registered in the «Tabloul» avocaţilor Brasov (Romania) to the final He; Felt, therefore, that the present case is not due under the aforementioned estimates referred to the Court of Justice, having been an additional vocational training acquired in Romania and that, therefore, the conditions for the application of Council directive on the recognition of professional qualifications resulting in recognition of the title of ' Avocat ' 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, # 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; Considering that the said 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 which is achieved, in other EU countries, a professional training of all corresponding to the inner one; Felt, therefore, that in this case the conditions for finding a commonality of training, we should provide for the application of a compensatory measure limited to the oral examination; View the determinations of conference services at its meeting of July 20, 2010; Considered the subject at its meeting category representative opinion referred to above;
Decrees: The Federica Mrs Moraru, born on May 29, 1982 in Brasov, Romanian citizen, it is recognized the professional title ' Avocat ' referred in the introduction as a valid title to the register of lawyers. Such approval is conditional upon exceeding the following an aptitude test to be carried out in Italian: unique 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 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 person concerned has taken place certification exam and eventual admitted to membership.
Rome, November 9, 2010 General Manager: Berlin