Body of Unit 'Advocacy uses the TAR against compulsory mediaconciliazione PRESS
JUSTICE, The OAU SUBMITTED TO TODAY'S ACTION AGAINST TAR
MEDIACONCILIAZIONE THE BINDING AND ANNOUNCES
SIMILAR INITIATIVE TO THE EUROPEAN COURT
GLI AVVOCATI SI RIVOLGONO ANCHE ALLA CORTE DEI CONTI
CONTRO LO SPOT TELEVISIVO DEL MINISTERO DI GIUSTIZIA
MAURIZIO DE TILLA, PRESIDENTE OUA: «L’Oua, numerosi Consigli dell’Ordine, molte associazioni forensi, migliaia di avvocati a titolo personale, impugnano al TAR la media conciliazione e convergono nel dire che la “media-conciliazione” obbligatoria è incostituzionale e danneggia i cittadini e che il regolamento attuativo è da abrogare. Non solo, the new system is out of the EU scenario, so much so that the Ministry of Justice has invoked the law to justify this unacceptable Argentina Italian choice, and it is also for this reason that we are preparing a further appeal to the European Court. Finally, we'll turn to the Court of Accounts so that you do not throw the money of the Italians to make propaganda spot on reconciliation, largely compulsory, as is doing the Ministry of Justice. "
For the average Oua-binding conciliation contravenes basic principles of law: "Why - lead - explains the presidente dell’Oua - un più difficile accesso alla giurisdizione da parte del cittadino e un aumento degli oneri e una lievitazione dei costi, tutti a suo carico. Nonchè un maggiore dilatamento dei tempi per la presentazione della richiesta di giustizia al giudice: si fissa, inoltre, questo sistema per più dell’ottanta per cento dei processi, che rimarranno, di conseguenza, paralizzati almeno per un anno. Ma anche costituirà un ulteriore strumento dilatorio per la parte inadempiente che non ha alcuna volontà di conciliare la lite. Inoltre il nuovo sistema è sul piano sistematico, in totale disarmonia con aspetti processuali e tecnici con l’effetto perverso di un probabile corto circuito per innumerevoli questions. The legislative decree is not expected the necessary assistance of the lawyer and the lawyer puts in a situation of mistrust and suspicion by requiring a mandatory written declaration on the future of customer information. Do not you find a broker in person with legal training, and finally rely on this professional power unknown to formulate a draft agreement which, if not accepted, can have an effect penalize the legal defense of the citizen. A mess at the expense of justice and the public, other than advertising propaganda "
" We are result of an institution that, on an optional - ends de Tilla - could find adequate consensus in the choices of citizens. We will be decided and determined in thwarting the absurd "mediaconciliazione" launched with an enactment that is at odds with the Constitution and with the same European Directive, there are then the reasons for using both the Tar as the European Court. "
THE GROUNDS OF APPEAL TO THE TAR MEDIACONCILIAZIONE
Body dell'Avvocatura Unit, along with councils and individual lawyers, notified an appeal to the TAR for the annulment of the regulation issued by the Ministry of Justice, reduces access to justice, which lowers the quality of the figure of mediaconciliatore with my bachelor's degree without enrollment and relies on a transitional arrangements that enable people immediately without rigorous preparation. This will also include strong economic burdens of citizens, when that stage had to be extra-free. The lawyer. prof. Giorgio Orsoni has prepared its appeal to the TAR
" Among the reasons for the appeal - he explains - first picture the vagueness in the identification of the figure of mediaconciliatore and facilities for conciliation. And this is in sharp contrast to the art. 60 of law 60/09 which provides that the person appointed to mediaconciliazione is equipped with a special training dealing with a variety of legal matters for conciliation. Well there is no trace of any policy aimed at selecting parameter or bodies responsible for mediation on the basis of professionalism and independence. Article. 16 of the Regulation, in fact, merely provides that any public or private agency that provide guarantees of reliability and efficiency has the authority to establish a body for mediation. Not only the criteria selection for the bodies of mediation, however, economic and financial factors that are not indicative of the professionalism of the mediator and even prevent, by their balance sheet impact, access for the profession to the legal register of bodies for mediation. "
'Furthermore - continued - in stark contrast to the requirement of the enabling act, art. 5 of Decree No. 28/10 configures the mediation process as a condition of admissibility of the action, in fact being denied immediate access to justice. The "foreclosure" which refers to the enabling act, not should be viewed as the inhibition, but rather as a limitation on judicial protection. The legislative decree 28/10, conceiving the process of mediation as a prerequisite to the proceedings, prevents ready access to justice and undermines the effectiveness of the same judicial protection. "
According to the text of the appeal to the TAR with the regulation is not only witnessing the failure of some articles of Decree Law (Articles 5 and 16 of Decree 28/10), but also the inconsistency with the entire legislative system.
"A final Profile of illegality is detectable in the contested regulation in relation to the weather dictated the transitional provision. Some provisions of Ministerial Decree No. 28/10 of the intent of the legislature, would have limited effect entry into force of the Regulation subject of this appeal. And instead, contrary to the express legislative provisions (Paragraph. 16 of Legislative Decree 28/10), Regulation not only arbitrarily introduced a transitional provision, but has used it to confirm the survival of organisms for which the legislature had already anticipated the decline. Consider that only such organizations, the law provides for the possibility of an inscription of law in setting up registers and that such negligence is symptomatic of the obvious inconsistency and arbitrariness of the contested regulation. "
"It was our duty to challenge a regulation with these characteristics - concludes de Tilla - and continue our fight-against average as well as compulsory conciliation was launched by the ministry, our goal is the proper functioning of the civil justice system and alternative dispute resolution proceedings, starting from the centrality of the citizen and the professionalism of lawyers. "
Rome, November 22, 2010
