The issue of the no-confidence vote against the president of the Torre Annunziata Bar Association, Luisa Liguoro, and also that of the Naples North Bar Association, Gianfranco Mallardo, has reached Parliament.
It was the two parliamentarians and lawyers of the Torre Annunziata Bar Association, Catello Vitiello (Italia Viva) and Antonio Pentangelo (Forza Italia), who sent a question for a response to the commission Minister of Justice. A timely and detailed reconstruction of the facts in which we ask to put a stop to the climate of destabilization that is involving the entire national legal profession.
HERE IS THE FULL TEXT OF THE QUESTION
To the Minister of Justice – To know – given that:
with reference to what has occurred in some territorial Bar Associations, where the Presidency Offices have been the recipients of a motion of no confidence by opposition councillors, the fragility of the legislative framework is highlighted with specific reference to the criteria of representativeness of the Legal Profession, to the evaluation of the technical-legal nature of the various roles covered in the Council of the Bar Association to which they belong and, more generally, to a climate of destabilisation that is involving the entire national legal profession;
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it is becoming common practice to resort to the Administrative Jurisdictional Authority to resolve the interpretative issues that the new electoral system introduced with Law No. 113/2017, a questionable practice considering that, on the issue of jurisdiction in the matter, the Supreme Court of Cassation in United Sections, with ruling No. 2603 of 2021, stated that all disputes relating to the elections of the Councils of the Order must be considered devolved to the National Forense Council, without making any distinction in relation to the specific object of the dispute, since the autonomy of the professional orders must be valued;
with Decree of the Ministry of Justice n.170 of 10 November 2014, the “Regulation on the methods of election of the members of the councils of the district bar associations, pursuant to article 28 of law 31 December 2012 n. 247″ was approved, providing that the members of the COA are elected by the members with a secret ballot. The Council, in the composition chosen by the electorate, then elects the President, the Secretary, the Treasurer and, in councils with at least fifteen members, also a Vice President;
the National Council of Lawyers seems to have renounced its role of guaranteeing the autonomy of the professional order, not protecting the principle of reserve of law in electoral matters and not claiming the special jurisdictional function recognized by law, also with respect to the continuous appeals of certain members of the Council of the Order of Lawyers who are invoking the intervention of the Administrative Judge also in electoral matters reserved to the special judge;
the requests presented by some council majorities aimed at requesting, due to a vote of no confidence, the resignation of the Presidents and top positions are almost always completely unfounded given that neither the law nor, in general, the regulations of the Council of the Bar Association provide for the institution of the so-called vote of no confidence;
what initiatives the Minister in question intends to adopt to urge the National Bar Council to exercise the powers expressly attributed to it by law with regard to disputes relating to the elections of the Bar Association Councils;
whether the Minister can provide clarifications regarding the absence of a relationship of trust between the Bar Association Council and its President, including the non-applicability of the principle simul stabunt simul cadent”.
On June 30th, they will appear before the Torre Annunziata Court for the first hearing in the trial regarding the redevelopment of the former Cirio area in Castellammare di Stabia. The two former Forza Italia MPs, Luigi Cesaro and Antonio Pentangelo, will appear before the judges of the Torre Annunziata Court for the first hearing in the trial regarding the redevelopment of the former Cirio area in Castellammare di Stabia. They will also be joined in the dock by engineer Antonio Elefante, designer of the…
Antonino Raffone, civil lawyer from Castellammare di Stabia elected president of the Council of the Bar Association of Torre Annunziata
The initiative tomorrow at the Yachting Club of Marina di Stabia: funds will be raised for the Onlus Soleterre
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