We were without news of our Italian friends since nearly two years. At the time of the new Year, it was salutary to renew the contacts with Ufficiale Giudiziari of this vast country.
At the request of president Isnard, a delegation of Italian judicial officers went to the head office of the UIHJ for a meeting on the situation in Italy. The delegation was composed of four Italian fellow-members: Arcangelo d' Aurora, judicial officer in Cesena, Andrea Mascioli, judicial officer in Tivoli, Irene Maialetti, judicial officer in Tivoli and Adele Carrera, judicial officer in Rome, within the framework of the work undertaken by the Committee of the UIHJ. The UIHJ was represented by its president, Jacques Isnard, assisted by his secretary-general, Rene Duperray, of its first secretary, Mathieu Chardon, and of the one of its members, Rose-Marie Bruno.
Arcangelo d' Aurora and Andrea Mascioli drew up a report of the situation of our fellow-members in Italy. Broadly the situation has improved compared to the last year. A convention was concluded with the Italian post office for the notifications of documents. The president of the Council indicated in his speech of December 28, 2006 that he intended to reform justice. The liberal professions and the professional orders would be included in the works. Already, a reform of the Code of civil procedure came into effect and conferred new prerogatives to the judicial officers, synthesised in the new article 492 of the Code of civil procedure. This article allows our fellow-members:
- an access to the registers of the marital status for the research of assets of the debtor
- the pecuniary evaluation of the seized goods and advisability of carrying out seizures for the recovery of debt, with the possibility in the event of insufficiency of goods seized to ask the debtor to draw up a declaration of assets, with penal sanctions in the event of refusal
- to proceed to investigations into the accountancy of debtors
- to be appointed in the capacity as experts for the examination of accountancy of debtors and in the event of liquidation of the goods of the debtors
Besides, Mr. d' Aurora is the author of an important work of comments on this reform (see the site:
http://www.auge.it/).
Reforms and opponents
Within the framework of the considered reforms, it is also mentioned a proposal aiming at founding a system of liberal judicial officers. It is known that our Italian fellow-members, like the Austrians, are in the least favourable position within the European Union. The majority of the States set up a system of liberals judicial officers. This project, if it had suddenly thrived, would make it possible for our fellow-members to exert, like their French, Belgian, Dutch, Polish, Hungarian, Rumanian, etc., counterparts under conditions ensuring to them an optimal effectiveness of their work. There are talks of creating a system where judicial officers both civil servants and liberals would cohabit. It is besides this system which was set up in Bulgaria for nearly one year now. The Bulgarian citizens quickly chose. They massively entrust the files of execution to the liberal judicial officers, being the bright proof of the natural superiority of this system.
Unfortunately, the reserves are still numerous. In front of the economic problems that Italy knows, certain lawyers prefer the job security to the precariousness of this profession (Italy counts approximately 170 000 lawyers) and postulate to become judicial officers. The opponents to the liberalization of the profession (amongst who are trade unions and judicial officers themselves) fear that, once liberal, the judicial officer will not have sufficient activities to guaranty their economic security.
A new hope
The members of the delegation also indicated that they were enthusiastic partisans of the occupation of judicial officer with a liberal statute for their country and worked in this direction, in particular by means of contacts made with representatives of the Government.
President Isnard declared very interested by the declarations of the members of the Italian delegation. He wished them good luck by ensuring them of the support of the UIHJ in their work for the promotion of the liberal judicial officer in Italy.
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Italy is a large country and it is a founder member of the UIHJ, indicated Jacques Isnard. A few months ago, I had drawn up a history of the relations between the UIHJ and Italy. I can only deplore this blocked situation because finally it is the Italian citizens and the economic operators who first suffer from it. We intervened in many ways to try to make things change, without any success. I am very happy of this new projection and of the contacts that you presented to me. They undoubtedly constitute a new hope for the profession in Italy”.
