Lawyers, less incompatibility: they can lead companies
After the postponement a month ago, yes to the text that incorporates the proposals of the lawyers
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Key points
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The Council of Ministers' green light on the bill delegating to the government for the reform of the legal system puts a first point, in a very short time, on the path that began after the National Lawyers' Congress of December 2023. At that time, in fact, it was decided to draw up an organic reform proposal, to be presented to politics, to go beyond Law 247 of 2012, with the aim of modernising the profession, to adapt it to changes in society and prepare it for the future.
The text had already entered the agenda of the Council of Ministers at the beginning of August, but the examination had been postponed until after the summer. Advocating for a further halt in recent days had beenthe National Lawyers' Association, which in a long 'open letter' addressed to the Minister of Justice, Carlo Nordio, had called for the withdrawal of the draft enabling act and for a discussion with all the components of the legal profession.
Now the text approved by the Council of Ministers sets out the principles of the reform. However, this step does not end its journey. In fact, the contents of the proposal drawn up by the National Bar Council have been channelled into a draft enabling act: once the parliamentary process has been completed, it will be necessary for the Government to prepare the legislative decrees to give substance to the changes. However, it should be a delegation 'restricted' in time: the Executive should enact the delegated decrees within six months of the delegated law coming into force.
Moreover, "the details of the reform are contained in the bill that the legal profession has drawn up," observed the president of the National Bar Council, Francesco Greco. Yesterday, Greco expressed 'great satisfaction and appreciation' for the approval of the proxy, which 'represents a significant step in the enhancement of the legal profession as the guardian of freedom and rights'.
The points of the reform
.Among the qualifying points of the reform proposal is the relaxation of the incompatibility regime. This opens up the possibility for lawyers to hold the offices of director or president of joint-stock companies, as well as to acquire management and supervisory positions in bankruptcy or other procedures relating to company crises.
