Archive: 2014

"Our form of government does not enter into rivalry with the institutions of others. Our government does not copy our neighbors', but is an example to them. It is true that we are called a democracy, for the administration is in the hands of the many and not of the few. But while there exists equal justice to all and alike in their private disputes, the claim of excellence is also recognized; and when a citizen is in any way distinguished, he is preferred to the public service, not as a matter of privilege, but as the reward of merit. Neither is poverty an obstacle, but a man may benefit his country whatever the obscurity of his condition."

Pericles, Funeral oration, 431 BC.

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6 Oct 2014
Useful Information

Legal (attorney) fees in Italy

Nicola Canestrini

Under italian law there could be a client - attorney fee arrangement; if any agreement is made between client and attorney, a compulsary fixed tariff system will apply, based on...

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5 Oct 2014
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Legal aid in Italy

Nicola Canestrini

In Italy legal aid depends on income of the applicant (and of her/his cohabiting relatives if he request regards a criminal court proceeding): more specifically, under italian law legal aid is granted to...

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5 Jun 2014
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Double jeopardy under comunitarian and italian law

European Court of Justice

Article 54 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French...

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19 Apr 2014
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Immigration in Italy: laws, procedures, tips

Avv. Nicola Canestrini

The number of foreign citizens that can be admitted in Italy for subordinate employment (including seasonal) or self-employment is defined every year by the “entry quotas”, which determine the maximum...

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14 Apr 2014
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Anti-money laundering regulations in Italy

Anti-Money Laudering Forum

Lawyers and consultants are covered by anti-money laundering legislation a result of implementation  of the third EU Money Laundering Directive by Legislative Decree No. 231, November 21, 2007 (“Implementation of the Directive...

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7 Apr 2014
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Minimum rules for the treatment of convicts, in and out of italian prison

Criminal responsibility is personal. The defendant is not considered guilty until the final judgement is passed. Punishment cannot consist in inhuman treatment and must aim at the rehabilitation of the convicted person. Death...

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12 Mar 2014
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Can a foreign attorney at law defend in Italy?

Nicola Canestrini

Italian legislation allows European lawyers to practice their legal profession in Italy under their existing original titles in two ways, on permanent basis or for a single case.

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Recent publications

Interpol: a weapon against Human Rights defenders?

Established 1956 in Vienna, the INTERNATIONAL CRIMINAL POLICE ORGANIZATION - INTERPOL enables police in around 190 member countries to work together "to fight international crime": more in detail, its aim is to facilitate international police cooperation even where diplomatic relations do not exist between particular countries [1].

Extradition from Italy

In general, extradition is the process whereby one nation or state (the requested state) surrenders a suspected or convicted criminal to another nation or state (the requesting state); hereinafter, for the purposes of this introduction to the extradition rules from Italy, only the the extradition* from Italy to a foreign country* will be considered.

Client - Attorney confidentiality in Italy: core value of democracy or just window dressing ?

Confidentiality is recognised as essential for the proper administration of justice, access to justice and the right to a fair trial, as required under the European Convention of Human Rights, inter alia, in the CCBE Charter of Core Principles of the European legal profession of 2006 (principle 6), in the Code of conduct for european lawyers of 1988 (sub 2.3), in the Recommendation Rec(2000)21 of the Committee of Ministers to member states on the freedom of exercise of the profession of lawyer of 2000 (principle I.6), European Parliament resolution on the legal professions and the general interest in the functioning of legal systems of 2006 (whereas E and H), and in the United Nations Basic Principles on the Role of Lawyers of 1990 (principle 8 and 22).

Criminal records in Italy

There are essentially 6 main kinds of records in Italy:

Treatment of classified information before the ECJ

In the post 9/11 context of global terrorism and global counter-terrorism, the question of secrecy, usually grounded in national security-related concerns, has become one of the most interesting legal issues.In the wake of an increasingly transnational terrorism phenomenon, the balancing of security, secrecy and fundamental procedural rights represents an increasing challenge for both the Executive and the judicial authorities.