Il Presidente Nazionale è stato
intervistato da Tamsin Tomlinson, "Publicity Officer"
per la T.S.G. (Trainee Solicitors' Group) http://www.tsg.org,
l' importante associazione di giovani legali della G.B. omologa
all'A.N.P.A., per il magazine quadrimestrale "The Trainee"
http://www.tsg.org/magazine.asp distribuito in circa 35 mila
copie in Inghilterra e Galles presso le università
e gli studi legali britannici. L'intervista dovrebbe uscire
sul numero estivo ed anche i numeri precedenti sono comunque
scaricabili con acrobat dal loro sito.
La TSG è l'importante sodalizio associativo dei praticanti
e dei neoavvocati britannici - parte formalmente integrante
della Law Society (il loro "Consiglio Nazionale Forense")
- che rappresenta un esempio di organizzazione per l'A.N.P.A.
e per tutte le associazioni di giovani legali europei. Maggiori
informazioni su TSG e su "The Trainee" sul sito
ufficiale http://www.tsg.org/.
I complimenti ed i ringraziamenti dell'Associazione Nazionale
Praticanti e Avvocati per i nostri Colleghi Britannici, sperando
che continui la "friendship" tra le nostre due associazioni
e le altre omologhe europee.
Qui di seguito l'anticipazione
relativa all'intervista resa dal nostro Presidente Nazionale:
What qualifications do you need to get to
be a lawyer in Italy?
It is necessary for an Italian citizen to
obtain a degree in Law and it is the same for any European
colleague who wishes to qualify in our country. The European
Court of Justice (ECJ) recently held the landmark decision
“Morgenbesser” allowing a French Colleague just graduated
to apply for the enrolment on the “Registro Speciale dei Praticanti
Avvocati” of the Genova Bar Council.
What is the training procedure to become
a lawyer in Italy?
There is no difference between solicitors
and barristers in Italy because you are qualified as “Avvocato”.
After having graduated in Law, you have to start a two years
internship in a legal office and every half-year you have
to take part at least in twenty cases. At the end of the first
year, the “Praticante avvocato abilitato” is able to defend
people in front of the lowest courts for maximum six years.
When you have completed the internship and obtained the certificate
of aptitude (Certificato di compiuta pratica), you have to
take a very difficult public examination in the district where
your office is located. Due to the difficulties in passing
the Bar exams, more and more Italian trainees have to go to
Spain which is the sole country in the E.U. where there is
no need to take a bar exam to become a lawyer. Every European
law graduate is able to go to Spain to get there the "Homologacion"
of his own law degree, take the relatively easy “Prova de
conjunto”, and so qualify as “Abogado". Immediately after
that, they can come back to their own country and practice
as attorneys according to the Directive on freedom of establishment
and movement in the European Union.
In England we have to do a 2 year training
contract before becoming a
qualified solicitor, is there an equivalent in Italy?
Yes, I think that your “Training Contract”
is something very similar to our “Pratica forense” but here
it is not so formal as in Great Britain. Unfortunately, there
are a limited number of firms which give the “minimum salary
to the trainees. Now the Ministry of Education is going to
reform the Italian training system because they want to oblige
the trainees to attend a course in a “Local Law School” (Scuola
di specializzazione) as well as your “Vocational Stage of
Training”. However, there is no such a term as your “Legal
Practical Course”(LPC)” or “Professional Skills Course (PSC)”
here.
What is ANPA?
ANPA is the “Associazione Nazionale Praticanti
e Avvocati” (National Association of Practicians and Solicitors)
and was founded nearly ten years ago and its goal to fight
against the “Mirone Reform”, a draft Bill which made the access
to the legal profession much more difficult for the trainees.
During the 5th National Congress, hold in Parma on 20th and
21th February 2004, delegates of the local groups unanimously
decided to open the membership to the lawyers that have been
qualified for up to six years. Even though ANPA is an organization
that particularly deals with the problems of the young Italian
laywers, it has a complete and detailed policy about justice
worked out and updated by the ANPA’s Study Centre. The A.N.P.A.
is recognized by the “Consiglio Nazionale Forense” (the National
Bar Council), but we maintain absolute financial and administrative
autonomy.
What issues are ANPA involved in promoting
and lobbying?
A.N.P.A. policy is to keep in with institutional
legal, governmental and legislative bodies, promoting and
protecting interests and expectations of about 80.000 Italian
trainees and very young lawyers in the best way.Now A.N.P.A.’s
goal is to edit a Praticante Avvocato Handbook in association
with one of the best european juridical publisher with whom
we keep in touch.
Does ANPA organise social events for trainee/young
lawyers?
The trainees and young lawyers of A.N.P.A.
conduct committee meetings and Conventions on many juridical
and forensic subjects. At the same time we organise balls
and drinking evenings.
What are the main problems facing young
lawyers in Italy?
According to a recent article on the “Sole
24 Ore”, one of the most important newspapers in Italy, there
are 151.470 lawyers in Italy, so because of this increasing
number of lawyers in my opinion it is really difficult for
a newly qualified lawyer to become a part of the national
professional “market”. The “Associazione Nazionale Praticanti
e Avvocati” campaigns to support Italian young Colleagues
from the time they start legal training until they manage
to become fully qualified.
Is English used extensively by young lawyers
in Italy?
Unfortunately just recently the faculty of
Law has understood the great importance of the English language.
For that reason very few Italian lawyers have a good knowledge
in foreign languages which can be a problem for people who
have to deal with other European colleagues.
Are most Italian Law Firms small or large?
Ten years ago it was really difficult to find
in Italy a law office in which there was more than one lawyer.
Just recently many large and international firms with “partners”
and “associates” have grown up in the biggest Italian cities.
The thing is that the “small firm” is a part of the Italian
professional tradition and lawyers are not so well-disposed
to consider themselves as entrepreneurs. Anyway, Italian Laws
allow every Legal Office to become a sort of “company”, as
well as in other European countries.
Do Italian lawyers specialise in one area
of law?
For the same reasons that I have just mentioned,
very few lawyers specialise in sole area of law. If you wish
to specialise in one area of law, you have to work in a large
Firm.
What is the best thing about
being a lawyer in Italy?
I think there are not so many differences
in being a lawyer in Italy, in GB or in Spain. Maybe here,
people still consider us people that earn a lot, that are
good orators and so on. I have always wanted to be a lawyer
and I am proud of my profession.
About you - How long have you been a lawyer?
Where do you live? How old
are you?
In September 2002 I was enrolled on the Law
List of Messina Bar Council. Messina is an university town
in the South-East of Italy that keeps up a decennial tradition
in very good lawyers.I am 32 years old and I am really fond
of the British Law System as the title of my thesis in the
Specialization Course I have attended in the very known University
of Tor Vergata in Rome was “General Principles regarding the
right of evidence in the English Criminal Procedure”
Why are you involved in ANPA?
When I obtained the degree in law I wouldn’t
have ever thought to become the President of the A.N.P.A.
At the beginning I represented the local Group, afterwards
the District Committee and the Vice-Presidency. When I got
the qualification as Lawyer I was elected as Chairman and
I have to thank my Colleagues because they give me the possibility
to support the today and tomorrow’s young Lawyers.
Do you think it is important for lawyers
from across Europe to have
links? Why?
I am absolutely sure of that. We are proud
to keep in touch with your important association that is an
exemplary organization for A.N.P.A. and other European Groups
of young Colleagues. The International Relations Officer for
the A.N.P.A. Maria Rosa Salzano is keeping closer links with
the other Groups all over the world. We are at your disposal
for everything you need here in Italy. Our British Colleagues
can contact us the mail addresses on www.anpaitalia.it and
our Webisite Officer Davide Traina. Please let me thank you
and the TSG for the possibility to be featured in an article
in your important magazine. We look forward to having you
as our special guests at our National Convention on April
in Benevento.
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