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Saturday 26 Training Events AGA

Saturday, March 26, 2011, from 9am to 12 noon , in the lobby of the Palace of Justice Giarre (c.so Europe) , will be held on the third training event organized by the Lawyers Giarrese for the year 2011 on the theme: "Protection of children: protection and ethical aspects", rapporteur Mr. Geraci Diego, secretary of the Lawyers Council of the Order of Catania .

The event No entitlement to 3 credits for the mandatory training continues.

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MILAZZO HEARING FROM 17 TO 18 March

Lords are informed colleagues that the court hearing Milazzo, provided the court to Giarre for Thursday, March 17, has been moved to FRIDAY '18, in view of the festivities' unification of Italy.

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Allowable proceedings of compliance with regard to the extraordinary appeal to the President of Sicily Region

Le Sezioni Unite della Suprema Court, exceeding the previous guidance of interpretation, argued for the admissibility of opinion regarding compliance with the implementation of the Decree of the President of Sicily Region made the extraordinary appeal, the arguments by the Court - carried out with respect to the extraordinary appeal to the Head of State , means of redress which the Court points out the similarity to the extraordinary appeal to the President of the Sicilian Region, and therefore this application - are based on an analysis of recent regulatory reform (art. 69, l. 18 June 2009, n . and 69 Articles. 112 and 113, Leg. July 2, 2010, No. 104, Code of the administrative process) and the need to ensure the effective rights with regard to this appeal.

The question

The factual situation which led to the decision under review arises from a decision of the Council of Administrative Justice for the Sicilian Region for the rise of compliance with a decree of the President of the Region .

The assessment of compliance (Art. 27, No. 4, Royal Decree No. 1054 of 1924), the Court points out, is the executive instrument designed to ensure the effectiveness and satisfattività of administrative jurisdiction, constitutional elements necessary for full implementation the right of defense. The remedies Judgement of compliance has been linked, by way of exclusive jurisdiction.

The applicant has argued to the Supreme Court in this connection that the act which it was sought and obtained compliance (Decree of the President of Sicily Region issued an extraordinary appeal on) is administrative in nature and not a court, being thus removed from the special form of cognition, which judgment of compliance, attributed to the administrative courts.

Analogy between extraordinary appeal to the President of the Sicilian Region and extraordinary appeal to the Head of State

As mentioned, the Supreme Court notes, first, as the rules of procedure of decision-President of the Sicilian Region made the extraordinary appeal is based on that of the extraordinary appeal to the Head of State, in particular, illustrate the Judges in line with the established line of decisions of legality, the 'analogy of the proceedings in an identity of nature and function.

Therefore, the arguments that may take place on the decision of the Head of State made the extraordinary appeal may apply by reason of the analogy of nature and function, the decision of the President of Sicily Region, whose discipline is based on that dictated by the extraordinary appeal the Head of State.

The traditional approach to the admissibility of the proceedings of compliance with the extraordinary appeal to the Head of State

The remedies of the proceedings of compliance has been linked, by way of exclusive jurisdiction, only the judgments have become final, in fact, are punishable by execution by the court for compliance.

Therefore, according to the traditional approach of the Court of legitimacy, underlined the nature of an administrative act of the decision made at an extraordinary appeal, the assessment of compliance with regard to the extraordinary appeal the Head of State would not be admissible. Therefore, any inert behavior against the government would be permissible only in respect of the opinion implied default.

Sections together with sentence # 15,978 in 2001, reiterated that position, ruling out that the decisions with which they have decided to extraordinary challenges can have a judicial nature, so that these can not be treated as res judicata and that, therefore, are not subject to implemented through review of compliance.

The argument of the Court

Now Judges show that two major stories have been no laws that, in fact, affected deeply about the key considerations to justify the traditional approach and described according to which "the decision on appeal is configured as an extraordinary measure which, although not formal judicial review, is capable of protection through the assessment of compliance "

- art. 69, l. June 18, 2009, No 69 (arrangements for economic development, competitiveness as well as for civil proceedings);

- Articles. Leg 112 and 113. July 2, 2010, No 104 (Code of the administrative process).

Le modifiche apportate dall’art. 69 della legge n. 69 del 2009 sono tali da eliminare alcune determinanti differenze del procedimento per il ricorso straordinario rispetto a quello giurisdizionale (il primo comma introduce una norma che prevede che la sezione del Consiglio di Stato, chiamata ad esprimere il parere sul ricorso straordinario, ne sospende l’espressione ed attiva l’incidente di costituzionalità “ai sensi e per gli effetti di cui agli art. 23 e seguenti della legge 11 marzo 1953, n. 87” se ritiene che il ricorso non possa essere deciso indipendentemente dalla risoluzione di una questione di legittimità costituzionale che non risulti manifestamente infondata; il secondo comma elimina la possibilità that the Ministry in formulating the draft presidential decree, departs from the opinion expressed by the State Council after submission of its proposal to the Council of Ministers, which confirms that the final measure, which concludes the proceedings is a purely declarative proceedings).

Therefore, the Court argues in the light of these provisions, although the presidential decree does not become a judicial act, shall be assimilated to this content, and this is reflected in the need to identify ways of ensuring protection under terms of effectiveness, an adequate remedy against the failure of the pa

How the innovations in the new Code of administrative process, the Court observes that the decision on extraordinary appeal to the Head of State, made under the compulsory and binding opinion of the State Council, is placed in the situation referred to in subparagraph b), second subparagraph art. 112, Legislative Decree no. 104, 2010, article entitled "general provisions on assessment of compliance" and that the application for compliance is proposed under Article. 113, paragraph 1, Legislative Decree no. 104, 2010, before the same Council of State, in which, therefore, identifies "the judge who issued the warrant of which is compliance."

The ruling under review collega tale nuovo impianto normativo all’esigenza di effettività di tutela avverso l’inadempimento della p.a.: dall’“assimilazione” del rimedio straordinario a quello giurisdizionale, pur nella diversità formale del procedimento e dell’atto conclusivo, discende, infatti, “l’esigenza di assicurare ad entrambi i rimedi una tutela effettiva del tutto simile”, in quanto “una volta che si riconoscano poteri decisori, su determinate controversie, formalmente diversi, ma analoghi, rispetto a quelli della giurisdizione, infrangerebbe la coerenza del sistema una regolamentazione affatto inidonea alla tutela effettiva dei diritti e tale da condurre, in spregio al dettato dell'art. 2 Cost., paragraph 1 and Art. 3 of the Constitution, to create a weak protection. "

Therefore, the court concluded, is in harmony with that intention legis counted among the "measures" the administrative judge, subject to compliance with the decision on the extraordinary appeal, which, however, also responds to the need to implement the principles of the ECHR and the European Union.

The Court's conclusion

The judges, therefore, I conclude that "the evolution of the system then brings the decision to set up special appeal as a measure which, although not formally court, however, is susceptible of protection through the assessment of compliance "interpretation that is fully applicable also with reference to the similar decision made by the President of Sicily Region (and this because of above-mentioned analogy between nature and function of an extraordinary appeal to the Chief State and President of Sicily Region).

Hence the application in proceedings brought before the Court of the rule that "the assessment of compliance is clearly admissible in relation to the decree of the President of the Region which has agreed to the extraordinary appeal" and on the basis to which the Court rejected the ground of appeal and dismissed the appeal.

(From the American Lawyer Media 10.03.2011. Note Giulio Spina)

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The pedestrian is always right if it is on the pedestrian crossing

The Court of Cassation Sentence No. 5540 of 9 March 2011 stated that the pedestrians have the right to full compensation only if at the time of the accident is the pedestrian crossing.

The hero Pesaro is a lady of the victim of a traffic accident. The woman while walking on the edge of a road was hit by a car bringing serious injury. The judge of the Court of Pesaro has allocated responsibility for the incident at 80% against the motorist and the remaining 20% \u200b\u200bto hit a woman and ordered the defendant to pay the sum of € 65,587.24 in compensation for damage . The lady appealed to the Court of Ancona lamenting the absence of his contributory negligence, but the appellate courts have rejected that request Doric upheld the first instance. It should be noted that the Highway Code Article 190 imposes an obligation to pedestrians to walk on the edge opposite to the direction of the vehicles near you. The woman appealed to the Supreme Court.

The judges of the Court confirmed the sentences of the first and second grade. The woman has contravened a clear obligation, namely that laid down. 190 of the rules of the road to walk on the edge opposite to the direction of the vehicles near you.

(From avvocati.it 11 .3.2011)

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Tables thousandth wrong: the building goes back on action with charges of unjust enrichment

The judicial sentence, as the act of assembly, is not retroactive. Negligible inertia

work approved by the Assembly, costs divided between the condominiums. But, surprise, the thousandth tables are old and no longer reliable, because in the meantime another housing unit was built. As it does, then the building to recover the money? The action for unjust enrichment against the condominium is the right way, and the possible amendment of the proportional values \u200b\u200bestablished by the court would not have retroactive effect. The ruling clarifies the No 5690 of March 10, 2011, issued by the Third Civil Division of the Supreme Court.

administrative proceedings

Needless to the condominium "pardoned" by the old tables to support the impracticability of the action referred to in Article 2041 Cc promoted by the administrator: There is indeed a case that warrants the enrichment of owner who has not paid his share at the expense of everyone else. It is true, it is possible to modify the tables by the resolution of thousandths (and before the ruling of the Joint Sections 18477/10 requires the consent of all the buildings). But you can also ask the court under Article 69 Cc avail. att. the fact is, however, that its ruling effective manner and not declarative, by Because the same as the agreement (consensus) among the apartment blocks. So? In the absence of an ad hoc provision to the contrary, the decision can not have retroactive effect but that effectiveness begins to run only from res judicata.

Diligence and relevance

Again, it is irrelevant whether the inertia of the building. The breakdown of costs based on unreliable tables is one fact which gives rise to an unlawful increase in the time sheet of the condominium deminutio pardoned and suffered from the others: it is therefore unjust enrichment, in this case does not apply the rule in Article 1227 Cc che impone al danneggiato di attivarsi per evitare le ulteriori conseguenze della lesione; nella fattispecie regolata dall'articolo 2041 Cc, insomma, il fatto che l'impoverito non sia diligente nel ridurre la portata della diminuzione patita non esime l'arricchito dall'indennizzare la controparte né può decurtare l'ammontare del dovuto.

Dario Ferrara (da telediritto.it del 12.3.2011)

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punished for improper professional recruitment consultant assisting

The accountant can do it only those who are enabled and the register. Great victory for economists. Commits an offense work consultant assisting tax professionals and businesses. In order to ratify the much-demanded tutela della professione dei dottori commercialisti, negata negli ultimi anni dalla giurisprudenza civile, ci ha pensato la sesta sezione penale della Corte di cassazione che, con la sentenza numero 10100 dell'11 marzo 2011, ha confermato le responsabilità per esercizio abusivo della professione nei confronti di un consulente del lavoro che, fra l'altro, redigeva bilanci societari e prestava assistenza fiscale a società e professionisti.

E insomma là dove la tutela civile non è riuscita a coprire gli iscritti all'albo ci ha pensato un reato. La decisione è molto chiara, infatti, si legge in sentenza, "l'art. 348 cod.pen. punisce l'esercizio abusivo di una professione per la quale è richiesta una special authorization of the State. To practice as a doctor / accountant law requires passing the state and the entry into the professional register, and therefore that of a professional accountant is protected and it can exert their activities exclusively to the subject qualified and enrolled at. "Not only." It should be noted that - still, the judges - to determine whether a particular transaction complements the offense under Article. 348 cod. pen., it is necessary to find in the law that regulates the profession in view improperly exercised a right to exclusive reservation on that particular performance, but it is sufficient to ascertain that the performance Provided is an act typical characteristic of a profession for the exercise of which lacks the approval. "Well, the" labor consultant, having jurisdiction over the income of an employee, is entitled to deal with the liquidation and payment of related taxes. But the suspect, tax and accounting also lent assistance to self-employed and companies, and therefore operated in a field which has not had the necessary clearance. It follows that the state can not deny the existence of a prima delicti. "

Debora Alberici (from telediritto.it of 03/12/2010)

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If the procession ends in tragedy, the teacher goes to jail party

manslaughter. Who controls the operations Square is responsible for the dangerous situation created in the crowd When the party turns to tragedy is the master of ceremonies at the expense. During the procession a person dies after being overwhelmed by the crowd in a panic: the crowd is formed due to the enormous sprawl "chariot carrying the holy relics in confined spaces. So, who commanded operations in the square to be convicted of manslaughter. No ruling is the conclusion from 9926 11 March 2011, issued by the Fourth Criminal Chamber of the Supreme Court.

The chief and the fault

The festival was marred to Sant'Agata, which each year draws to Catania in February thousands of people for three days of celebrations dedicated to the patron saint of the town of Etna. The relics are carried by volunteers on a stand that weighs up to 21 tons. The disastrous choice of the "master of fercolo" who decides to respect tradition: the battery at a run along the slope of San Giuliano, without waiting for the road is clear, outcome, and died in hospital the next day the man walked out from the crowd of people fleeing. The conduct of the "team leaders" part in causality commissi: in a situation already at risk to public order, in fact, he introduces an element of danger, with the decision to set in motion with the scope of even size. And the risk, unfortunately, takes the form with the fatal accident. We can not exclude the blame: the master of ceremonies was expected to make a step tow charge would have resulted in half so heavy rash reactions among the thousands present.

vigilance

We come to the so-called 'risk possible. " There are legitimate activities "dangerous" where the harmful events are largely predictable and not always avoidable, however, the law authorizes them to their high social utility, as in the case of the oldest and most traditional celebrations. The fact that we can speak of a "possible risk", however, does not absolve those responsible for the operations observing the normal rules of caution. Rather, it reinforces the obligation.

Dario Ferrara (from cassazione.net)

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Fraudulent tax exemption for tickets: is wrongfully obtaining public funds

Criminal Cassation, sent.'s 7537/11 25/02/2011

Integra's crime in art. 316 ter, including the misappropriation of public funds perception of the nature of assistance, which include those relating to the exemption of the ticket for health care and hospital because the concept of achieving an unfair distribution of public bodies includes all activities of contribution attributable to these institutions, not only through the chief gift of a sum of money ma pure attraverso la concessione dell'esenzione dal pagamento di una somma agli stessi dovuta, perchè anche in questo secondo caso il richiedente ottiene un vantaggio e beneficio economico che viene posto a carico della comunità.

Il reato di cui all'art. 316 ter c.p., assorbe quello di falso previsto dall'art. 483 c.p., in tutti i casi in cui l'utilizzo o la presentazione di dichiarazioni o documenti falsi costituiscono elementi essenziali per la sua configurazione.

(Da overlex.com)

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minimum contribution 2011

Failed delivery payment notices M.Av. Duplicate reports

Press Release of 03.03.2011

In case of failure of the bulletins M.Av., useful for the payment of minimum contributions for the current year 2011, you can request, the Banca Popolare di Sondrio, sending a duplicate by calling the toll free number 800248464 made available by the cashier.

This service may also be made by the bank by sending newsletters by email (PDF format), providing your email address to the operator.

Please, take this opportunity to check the website of the Fund www.cassaforense.it the "restricted access", "personal position" (with PIN code and mechanized) the correct field of study that will result in Fund to make any necessary correction.

The change made is recorded in real time.

The Directorate General

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Theft Auto, not operational policy for serious misconduct COFFEE DISPENSER

Clausola vessatoria

>> … in tema di contratti, il requisito dell'approvazione scritta della clausola vessatoria può ritenersi soddisfatto anche nell'ipotesi in cui la clausola sia separatamente richiamata, con l'indicazione solo del numero o del titolo, unitamente ad altre clausole specificamente approvate (cfr. Cass. 20.8.2004, n. 17289, nonché, in senso sostanzialmente conforme, Cass. 16.7.2002, n. 10285, Cass. 6.11.2000, n. 14454), alcun dubbio può sussistere circa la piena efficacia, in this regard, the clause in question (with the consequent ineffectiveness of the invoked guarantee), specifically and separately signed by the claimant at the time of the fire and theft insurance that is offered by the defendant company.

Nor can it be argued that the said clause would be ineffective under the combined provisions of Articles. 1469 a, third paragraph, no 10, 1469 b, fifth paragraph, and 1469 d, the second paragraph, cc.

... can not doubt that the plaintiff and the defendant may qualify, respectively, in relation to the contract in question, as consumer and professional pursuant to art. 1469 bis, second paragraph, DC

... the professional can demonstrate, to not rely on the unfair nature of the clause, which according to the criterion of fairness the consumer had a real opportunity to examine the content of contract, so that its possible ignorance must they felt the result of merely negligent conduct.

This last possibility must be considered, ascertained, in the opinion of this Court in this case in question.

Gross negligence - No Warranty Insurance

>> ... for the purposes of the exclusion of warranty insurance l’indagine da compiere deve valutare se la condotta dell’assicurato, assunta come gravemente negligente, abbia costituito elemento decisivo per consentire la realizzazione dell’evento assicurato ovvero se da essa sia derivata un'apprezzabile facilitazione dell'azione delittuosa, nell'uno e nell'altro caso non potendosi negare la sussistenza del rapporto causale tra l'imprudenza dell'assicurato e la verificazione del rischio garantito.

Nell’odierna fattispecie, tale indagine, per come sopra è stato ricostruito il sinistro in oggetto, non può che avere esito positivo, poiché, a prescindere dagli artifici di cui l’attore assume essere stato vittima, non si può dubitare that the negligence shown by him to oversee and keep the vehicle insured - not only with having left the door open, but even with the engine running and the keys in the control-grafted, presents characters so that gravity to have contributed significantly to the causation of the event criminal.

(From iussit.eu of 09/03/2011)

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insured 'in court GIARRE

Another small "wins" as required by the colleagues locally and advocated: between now and Giarre court is fully functional by the door of the room lawyers and our office, a machine coffee supply and distribution of beverages and water, soft drinks and snacks several. Needless to stress the desirability of this presence, especially in Monday as the bar adjacent to the courthouse is closed. Machine Head is Mr. Sebastian Faro, which we know as an agent for a long time library.

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Justice, Anm: "Do not biased, but reform is against the magistrates'

rating ANM on justice reform launched today by the CDM "is neither prevented nor hasty. We read and we must now tell the truth and clearly, is a reform against the judiciary which gives the country a more independent judiciary is not independent but subordinate to political power. " He told the TG3 Luca Palamara, Chairman ANM. The reform of the CSM and that the police "are the things that most concern with the liability civile dei magistrato - sottolinea Palamara - perchè così si ha una magistratura subalterna alla maggioranza di governo contingente. La metà dei componenti del Csm diventa laica, cioè di nomina parlamentare, e così si altera il sistema di governo autonomo: oggi sarà un politico a dire cosa deve fare un magistrato e una corte disciplinare esterna al Csm a giudicarlo". Il numero uno del sindacato dei magistrati non nega che il problema di una disciplina sui giudici esista "ma qui si parla di responsabilità diretta".

(Da lapoliticaitaliana.it del 10.3.2011)

What Are The Levels Of Care And Examples For Each

Also responsible for her husband for damages caused by the dog's wife

with The Supreme Court Judgement No 8875 March 7th, 2011 established the which to pay the damages caused by pet dogs for a walk without a leash and muzzle are all members of the household present at that time and not just the owner of the animal.

The story starring a married couple in the province of Fermo. The two were held responsible for the crime of bodily harm for failing to keep with due caution their dog. The animal did indeed bite the leg of a lady who was walking along their way. The justice of the peace of Ripatrasone (FM) ordered the husband and wife to the fine of 300 euro in addition to damages in favor of the plaintiff and the granting of a provisional € 500. Against that decision to the couple appealed to the Court of Fermo, which confirmed the decision at first instance. The couple were then addressed the Marche at the Supreme Court. His wife, owner of the dog officer, asked the judges to be ordered only her.

The Supreme Court upheld the liability of both for the crime of negligently causing injury. The judges said that despite the legality of the dog belongs to only one family member, in fact, all components of the nucleus in which they live with him "a relation of possession", which obliges them not to let it free and keep it with the appropriate caution.

(From avvocati.it of 03/10/2011)

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Justice Reform, green light of the Council of Ministers

The Council of Ministers has unanimously given the green light to the bill to the Constitutional justice reform. It is learned from government sources. The Council of Ministers greeted with applause addressed to Justice Minister Angelino Alfano approve the constitutional draft law on judicial reform. The government sources said. We have a solid majority and we hope to get to 330 MPs in House. And 'The reasons given by Prime Minister Silvio Berlusconi, at the Council of Ministers, according to government sources.

As is filtered by the majority of environments, the introduction of the Charter would lead to a civil liability of judges and their joint and several liability for direct damages caused in the exercise of jurisdiction. That is, if you pay the wrong judge, "as happens to an engineer responsible for the collapse of a bridge" and then in case the state with the helpers integration if the damage is too high for his finances. Among the outstanding issues, the Presidency of the second CSM, the judiciary prosecutor (the prosecutor): the orientation of the government, parliamentary sources said the PDL is to give the presidency of both the CSM to the head of state. But it remains open the possibility that The role is entrusted to the Attorney General of the Supreme Court, elected by the Parliament: "There are still assessments that will do the Council of Ministers today," said Maria Grazia Siliquini, deputy head of the Initiative, at a meeting of its parliamentary group with Alfano.

The planet is already in turmoil for justice reform: last counselors 'stipendiary' of the CSM have issued a warning about the "murky atmosphere" that would be gathering on the judiciary and to the low interest of the minister to "cooperate in good faith Institution with the Council. And the National Magistrates' Association has brought forward a meeting of Central Executive Committee, the 'Parlamentino' robes of: originally scheduled for March 26, will meet Saturday instead of 19 while growing up under the pressures of the strike and mobilization "epochal" against the Alfano Bill.

The meeting at the Quirinale lasted about two hours during which the Justice Minister Angelino Alfano briefed the President of the Republic Giorgio Napolitano justice reform. Reform adopted by the majority "epochal," that tomorrow will be the focus of the extraordinary Council of Ministers. It 'was the Keeper to explain to journalists, after coming to the House, the' mood 'of the meeting: "Napolitano heard, acknowledged and carried out general considerations" ha detto Alfano. Il presidente non è entrato né avrebbe potuto nel merito delle novità previste dalla riforma, il cui testo è peraltro ancora non definitivo, ma ha fatto presenti alcune valutazioni. Tra le considerazioni del Capo dello Stato c'è stata quella, già ribadita più volte, della necessità di ricercare un "ampio confronto" davanti a una riforma che toccherà più parti del pianeta giustizia. Non si tratta della richiesta - molto spesso attribuita a sproposito - di larghe intese ma di avviare un "confronto" reale fermo restando "la distinzione dei ruoli" tra maggioranza e opposizione. Certo, è la riflessione che si fa negli ambienti del Quirinale, per un confronto costruttivo bisogna creare il clima adatto. And on that first have to give a signal is the majority.

The president is well aware of the need to change the system so as to make it more efficient and shorten the time, now finally, the processes in Italy. But this does not mean that any reform should be well and that there is an endorsement from the Hill estimate for the mere fact of putting hand to the problem. Since the constitutional reform will necessarily be time consuming and is well known that for some time the Quirinale calls for a "confrontation" involving the opposition, which does not get lost in "sterile opposition" but that, with the help of all face the real interest of the country. Napolitano will oversee all of this on 'step by step'.

(Da notizie.tiscali.it del 10.3.2011)

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Nothing in limbo Mediaconciliazione

Discusso davanti al Tar del Lazio il ricorso dell'Oua. Si rimane in attesa della sentenza

Si conoscerà a giorni la decisione del Tar del Lazio in merito al ricorso con il quale l'Organismo unitario dell'avvocatura (Oua), alcuni Consigli forensi italiani e singoli Avvocati, contestano il regolamento sulla ‘mediaconciliazione’ emanato dal ministero della Giustizia per introdurre la mediazione e la conciliazione obbligatoria nelle controversie civili e commerciali.  Oggi il ricorso has been discussed on its merits, in the courtroom were about 50 lawyers in the late morning turned up outside the headquarters of the Tar Via Flaminia (confirmed for a March 16 event at the Teatro Capranica). The judges of the section of the tribunal, chaired by Giorgio Giovannini, reserved the right to issue short their sentences. It is not excluded that the measure may be published before 21 March, the day on which the contested regulation comes into force. The OAU considers the new regulations unlawful; thesis that has today been confirmed in court by the legal association, Venice's mayor and lawyer Giorgio Orsoni. According to the appellants, inter alia, the provvedimento ministeriale riduce l'accesso alla giustizia, abbassa la qualità della figura del mediaconciliatore e  si affida a un regime transitorio che abilita immediatamente soggetti senza alcuna preparazione.

(Da Mondoprofessionisti del 9.3.2011)

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Approved the legislative decree transposing Directive 202020

The President of the Republic, Giorgio Napolitano, has recently signed the Decree implementing Directive 2009/28/EC on the promotion of renewable sources.
This concludes the last act of the legislative decree transposing Directive 202,020 in the coming days that will be published in the Official Gazette.

"Viewed from the standpoint of solar thermal - said Assolterm - Decree has several positive aspects and we must be satisfied for the fact that many of our comments were received. We appreciate the effort, on the one hand, for simplify the installation of solar thermal systems, which Assolterm years pursuing a tight battle, second, to introduce, finally, an incentive mechanism for renewable heat, which has the double merit of recognizing the equal dignity to heat and electricity and to make the incentive structure and more attractive to the end user. We refer to Article 26, which adds an incentive for the production of thermal energy from renewable sources and energy efficiency measures for small-scale "with the following features: *

aims to ensure a fair return on investment costs and exercise and is commensurate with the production of thermal energy from renewable sources

* the period of entitlement to the incentive may not exceed Ten years from the date of winding-up of

* remains constant throughout the period of law and may take into account the economic value of energy produced

* is assigned by a private contract between the GSE and responsible entity of the system, based on a standard contract.

The article refers to the definition of procedures (values \u200b\u200bof incentives, technical requirements, monitoring, disbursement, etc..), The adoption of decrees within 6 months after entry into force of the Decree. Assolterm is willing even now to give his expert assistance in the DEFINITION of the best criteria to support the solar thermal market so it can grow in the coming years to ensure healthy and sustainable, creating wealth and employment in our country and contribute significantly, and at the lowest cost, to attaining the objectives for 2020. In conclusion, we want to go to express our appreciation for the attention now given to the production of thermal energy from renewable sources, and we hope that we continue in this direction virtuous, giving continuity to the legislation on the promotion of all renewable sources ( thermal and electrical) to support the development of a complete chain of Italian manufacturing, distribution, design and installation of renewable energy. "

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the decision of Justice of the Peace to be confirmed

Cass. Civ. Sez. II, sent. 23.2.2011 n. 4410

Il giudice di pace che esercita le funzioni giurisdizionali after the expiry of the mandate pending the confirmation of the first new release for possession for the performance of the next assignment could be the lack of judicial activity " potestas iudicandi " that produces the absolute invalidity of the proceedings, which is extends to the decision accordingly.

(From American Lawyer Media - the source Massimario.it 09/2011)

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Civil Mediation and call the third

As is known, from March 21, 2011, for all civil disputes that are aimed at one of the cases described in art. 5 D. Legislative Decree No. 28/2010, you must bring the attempt at conciliation before submitting the dispute before the competent judge. With one thousand extensions famous decree has been established that disputes concerning condominium, damages resulting from the movement of vehicles and boats, the condition of admissibility contained in Article 5 of that order, will not apply from 21 March 2011 but with the one-year extension.

Here you do not want to enter into the decree, politically, but some questions requiring answer under the same legal scope.

I want to limit to only one aspect that has just escaped, and that concerns the hypothesis of a mediation request made by Tom, the common citizen, who is seeking compensation for damage suffered as a result of an operation performed by Dr . Caio, for which responsibility has been identified medical professional. Tom turns to his lawyer wanting to sue Dr. Caius. The lawyer, correctly, warns Tom that before we can proceed before the court of law, we must attempt to bring a civil mediation at a mediation bodies accredited list maintained by the Ministry of Giustizia. Così viene formulata la domanda di mediazione, alla quale il Dott. Caio ha interesse a rispondere difendendo i propri diritti, tra i quali rientra anche quello della copertura assicurativa della quale lo stesso beneficia.

Il Dott. Caio si rivolge al proprio legale affermando di avere comunque un contratto di assicurazione con la Societa X che copre la dichiarata responsabilità medica dello stesso. L'imbarazzo del legale è comprensibile, in quanto non è stata prevista nel decreto l'ipotesi di chiamata del terzo in garanzia. E l'imbarazzo sarà ancora piuù forte quando fra un anno anche le controversie che hanno come oggetto il risarcimento del danno derivante da sinistri stradali dovrnno essere risolte spesso with the call of the third.

In the silence of the law, we interpret the law and subject Members to the practical application of the rules that we can not combine the rules laid down in the decree instituting the civil mediation with the provisions of our code of ritual involving the parenchyma of the third guarantee and, even, the intervention of the third.

In the opinion of the writer Dr. Gaius can not play without the mediation can call their own insurance as collateral. In fact, if there was no call in the insurance brokerage, in establishing civil insurance will no longer be called, as it has not participated in mediation and had the opportunity to have access to a form of alternative dispute resolution with respect to the canonical in the Code of Civil Procedure. All this would also lead to the detriment of the doctor, if he were recognized medical professional liability insurance, will be sentenced to pay damages without being eligible for insurance coverage.

A significant problem since the spirit of the decree and mediation are manifested in the possibility of reducing the burden of this litigation in the courts and justices of the peace, but we can not guarantee effective protection and an effective right of defense against anyone who suffers a legal action.

A problem that, oddly, the legislature has not resolved or at least thought to solve this kind of litigation since that undertake insurance, are traditionally the ones who avoid clogging the courts and justices of the peace for the strong position of good-natured composition inherent in them.

Therefore it is obvious that the person called by a request for mediation may have the right to participate in their own insurance in respect of resolving the dispute without the need for a review, providing greater protection to those who ensuring it is preserved from his professional activities.

Otherwise I would say that D. Bye-law has ncostituzionalità's obvious both for what concerns the art. 3 of the Constitution for what concerns the art. 24. the same fundamental law.

The same concerns the intervention of the third. The question is whether the third person is introduced to the action in response to mediation or, if the judge should postpone the parties by the Ombudsman to bring in a comprehensive and coordinated attempt by the Decree. Strictly speaking the law, the answer can only be positive in the sense that if the judge finds that there is an intervention by the third or not to admit it, or, as he admits, can do so provided further experiment of the attempt at conciliation.

Queste sono delle semplici osservazioni che mi pongo e prospetto in attesa della concreta attuazione del decreto e del suo impatto con il procedimento civile, conscio che solo la giurisprudenza e la prassi potranno dare risposta a questi quesiti e non il legislatore.

Avv. Luca La Cava (da overlex.com del 2.3.2011)

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The separation of parents does not preclude the punishment of children in cases of illegal

La circostanza della fine del matrimonio parents is not sufficient to preclude the punishment of a minor scarring threatening the car owner. To say it is a recent ruling of the Supreme Court, No 6970 filed February 23, 2010. Stoats have established that the cognitive faculties of the child, thought to be incapable of sound mind at the time the offense was committed, must be compromised to such an extent that I can not understand the negative value of the fact that he put in place. In this case, the Supreme Court, upholding the conviction against the child, explained that "because a child or adolescent is recognized - under the combined provisions of Articles. 85, 88, 89 and 90 cod. Pen. - Unable to understand e di volere al momento della commissione del reato, è necessario l'accertamento di una infermità di natura ed intensità tali da compromettere, in tutto o in parte i processi cognitivi, valutativi e volitivi del soggetto, eliminando od attenuando grandemente la capacità di percepire il disvalore sociale del fatto e autodeterminarsi autonomamente (...). Specifiche condizioni socio-ambientali e familiari - ha in particolare chiarito la Corte, annullamento la sentenza con rinvio per nuovo giudizio - nelle quali il minore sia eventualmente vissuto, particolarmente dolorose e laceranti, se pure possono aver avuto influenza negativa sul soggetto inficiando le potenzialità di valutazione critica della propria condotta e agevolando il processo psicologico of "self-legitimization" of the crime, they do not by that very fact, compromise the ability of the child to realize the significance of their actions and volition of the same and therefore do not represent a form of mental illness can not be attributed to an opinion legitimizing "(Cass . Rv 31753/2003. 226281 - Cass. 15084/2010 rev 247141 - Cass. 17661/2010 rev 247335). "The acquittal of the child can not be attributed pursuant to art. 98 cp - concluded the second penal section - needs careful justification explaining the reason for the restraint failure.

Louise Foti (dastudiocataldi.it of 03/02/2011)

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Incognita TAR on mediaconciliazione

On March 21, taking the new rules if the OAU loses appeal

The hot potato of mediaconciliazione - Keeper of the measure desired by Angelino Alfano, and equally opposed by the Bar Associations - passing, tomorrow, to Judges of the TAR of Lazio, which will determine whether, as claimed by the advocacy organization unit, the new legislation is unlawful founded with the aim of deflating the civil litigation by requiring the court trying the settlement of disputes.

Many areas in which, by law, you will have groped the road in front of the solution to a 'resolver of conflicts'. That is a professional - not necessarily of legal training, also an engineer or surveyor should be good - that, for now, will have specific training and 50 hours that, in future, will have an appropriate degree.

This' problem solving 'must be able to develop the dialogue between the parties and seeking a joint solution that makes giving up the contenders from' make the long judicial process that lasts at least 10 years since the Supreme Court.

currently nearly six million case backlog. Leases, inheritance disputes, contracts, banking and insurance, compensation for damages from medical negligence and libel, loan, rental companies, shareholders of family and real rights: in all these cases, before going to court, we must confront before the conciliator.

And in a year triggered the requirement for condominium disputes and lawsuits for damages from road traffic and by boats. In vain the lawyer had asked the minister to include in the new regulations the obligation for citizens to be assisted by a lawyer. The procedure, still, was not provided and, therefore, remain in the field le barricate degli avvocati che ritengono la mediaconciliazione lesiva del diritto di difesa.

Se la 'creatura' di Alfano funzionerà e si raggiungerà il risultato di abbattere anche solo del 20-30% l'iscrizione di nuove cause, per gli avvocati ci potrebbe essere un calo delle entrate.

Quel che è certo è che   domani, gli avvocati si mobiliteranno e saranno presenti davanti agli uffici del Tar di Via Flaminia. Qui si discuterà il ricorso dell'Oua (Organismo unitario dell'avvocatura) redatto dall'avvocato Giorgio Orsoni - sindaco di Venezia - che chiede l'immediata sospensione e il successivo annullamento del regolamento perché "riduce Access to Justice "," lowers the quality of the figure of mediaconciliatore "for the classification of which there is only a three-year university degree, and in the transitional phase only a few hours of training that enable" people immediately without rigorous preparation. "

(From Mondoprofessionisti 8 .3.2011)

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WISHES TO ALL WOMEN!

Today, Tuesday, March 8, marks the International Women's Day, established to commemorate the achievements and social, political and economic conditions of women, both discrimination and violence they are yet declared in many parts of the world, unfortunately, tells us the daily news.

AGA also is associated with good wishes for all women.

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Medical malpractice: If early discharge is a crime if the patient dies

The Supreme Court of Cassation ruling No 8254 of 2 March 2011 ruled that the doctor who commits manslaughter hastily resigned a patient who died shortly after his resignation.

protagonist of the case is a man hospitalized due to a heart attack undergoing angioplasty and discharged nine days after admission. On the same night, the man is caught by a new heart failure and was taken to hospital where he arrived in cardiac arrest and died shortly thereafter.

The Court condemned the doctor who signed his resignation to eight months imprisonment in addition to compensation for moral damages to the relatives of the deceased. The doctor turns to the Court of Appeal of Milan, varying the decision at first instance, acquitted him because the offense is not because the doctor has followed the guidelines on the subject of resignation. Against that decision, the Milan public prosecutor lodges an appeal to the Supreme Court.

Judges Piazza Cavour have accepted the appeal and annulled the acquittal of the charge of manslaughter and reaffirming the concept that protecting the right to health takes precedence over any principle of affordability.

If the man had not been discharged, as legal expertise, would easily survive the rapids that he would receive treatment in the ward. As a result, doctors should resist mechanical application of cost-management guidelines that are designed to accelerate substantially the resignation of the patient.

(From avvocati.it of 07/03/2011)

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tax lawyers, the jurisdiction of the court Tax

Supreme Civil SS.UU., sent. 01/26/2011 No 1782

The contribution for the inclusion in the Lawyers constitute a charge and, therefore, the court must decide on the controversial tax.

So they established the Judges of the Court, sections together with the decision of 26 January 2011, No. 1782 (see also the topic of taxes generally Cass. Civ. SS.UU. 01/26/2011, No. 1780) also indicated that the contribution due by tax lawyers and then the tax court will have jurisdiction in case of disputes.

In ruling that says it is stated here that despite the fact that the provision in question is called the contribution, the same has the characteristics of a fee that is:

- linking performance to tax expense related to a assumption that it is economically significant, ie the legitimate practice of law;

- dutifulness of performance, because the lawyer has no choice in writing in respect of payment of the same charge (ie whether or not pay), payment This contribution is conditional the "mere fact of belonging to the order."

In the decision under review can be read, in fact, that quote ... .... "Although the art. 14, D.lgs.Lgt. No 382, 1944, entitled "Contribution" means the benefit payable by enrolled in for the expenses of operation of the Council (National Bar), this description is irrelevant to determine (or excluding) the nature of the tax benefit.

This, in fact, has the same characteristics and objectives of the "tax" (so named, according to a typical language of the tax law) provided by art. 7 of that decree. That provision, paragraph 2, provides that () the Council (the Order) may, within the limits strictly necessary to cover the body or association, to establish an annual fee, fees for the registration of practitioners and the enrollment on the , and a charge for issuing certificates and opinions to the settlement of fees ... ".

(From the American Lawyer Media 14.02.2011. Note Manuela Rinaldi)

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Mediaconciliazione: the final frontier to abolish the compulsory

mediaconciliazione on Regulation issued by the Ministry of Justice to introduce mandatory mediation and conciliation in disputes civil and commercial is unlawful and should be annulled. It is the call for the unity of the Body 'advocacy (OAU), some forensic Tips Italians (among others, Campobasso, Lagonegro, Larino, Naples, Torre Annunziata and Order Lawyers Campania Regional Union) and individual lawyers, to make the section of the Tar of Lazio next March 9. next Wednesday, therefore, promises a day of 'hot' before the Administrative Tribunal of the Capital, have already announced the presence of lawyers outside the offices of the Tar Via Flaminia, and a demonstration public at the Teatro Capranica the next March 16. The lawyer who drafted the appeal materially OAU - as announced the organization itself - Giorgio Orsoni is, current mayor of Venice. explain the reason of disputes to seek the immediate suspension and subsequent cancellation of the regulation. All are disclosed in a document of the OAU, to the effect that the adoption of the Minister 'reduces access to justice', 'lower the quality of the figure of mediaconciliatore for which qualification is expected, inter alia, as a requirement, at least a three-year university degree, and 'relies on a transitional arrangement which enables individuals immediately without rigorous preparation.

(From Mondoprofessionisti of 07/03/2011)

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Criminal Appeal: even design objects can be applied to the Penal Code 517

Corte di Cassazione – Sez. III Penale, Sent. 21.2.2011, n.6254

"Gli oggetti di "design", la cui produzione si contraddistingue per la stretta correlazione tra aspetti prettamente industriali e sensibilità artistica dell'autore che ne determinano la originalità e la riconoscibilità da parte dei consumatori, ancorché interessati ad uno specifico commercial, derive from this features their distinctive, which allows the precise identification and therefore guarantee their originality and from a particular manufacturer. "The Supreme Court has elaborated this principle of law, upholding the ruling on appeal , who was sentenced two defendants to the crime under Article 517 of the Penal Code (sale of industrial products with misleading signs).

At the outset, the Supreme Court noted that "the jurisprudence of this Court has long defined The scope of the criminal law provision invoked. In particular, we have had occasion to observe that, for the configuration of the offense, are required for the registration or recognition of a mark, let alone its actual infringement or concrete misled the buyer about your product, but rather the mere ability to mislead the consumer as to the essential characteristics of the product (Section III No. 23819, June 9, 2009 and other prev. conf.) and that the legal protection is not subject to the interest of consumers or that of other producers, but the general statement relating to the order, so that the commissioning sale or circulation of goods with false marks determines, in itself, an actual injury and not merely potential of fair trade (Section III No 2003 January 15, 2008). These principles are also reflected in the location of the crime in the Penal Code of crimes against industry and commerce, unlike those of forgery, alteration or use of trademarks or brands or models and drawings of patents (Article 473 CP) and the introduction state and the market of products with false signs (Article 474 CP) inserted between the crimes against the public trust. "

According to the Supreme Court" certainly should be noted that the crime in question may also occur with reference to the products identified, as in this case, objects of design. " And 'well-known fact that under that name are commonly found artifacts, produced in series, whose element feature can be said identified, mainly in the specific aesthetic, functional and unique features in the design or the specific process and production methods applied. Include, of course, in this type, the articles of furniture specially created by a specific author, although known in the 'context of a small sector which, in this case, that of' furniture. This not only qualifying characteristic was present in the case brought to the attention of the Territorial Court, but was increased by the presence on the specific elements of differentiation, not just style, indicated by the judges of the appeal, such as numbering of the single mass-produced artifact limitata o la sigla con le iniziali dell'autore, elemento, quest'ultimo, che maggiormente può rendere distinguibile l'opera anche per la tipologia del carattere utilizzato e la sua particolare collocazione sull'oggetto. La peculiarità degli oggetti viene peraltro correttamente individuata dalla Corte d'Appello nella circostanza che alcuni tra gli oggetti realizzati dai ricorrenti, già venduti, sono stati riconosciuti dopo la pubblicazione, su una nota rivista di arredamento, di alcune fotografie che li riproducevano indicandoli in didascalia con il solo riferimento al nome dell'autore".

(Da filodiritto.com del 7.3.2011)