The role of the Notarial system in Italy in the federalist perspective 2009

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The federalist perspective cannot but go hand in hand with a precise redefinition of the roles between the central state and local powers, within which both are strengthened. There is a gradual transfer of sovereignty from the State to the European Union on the one hand, and to the regions, provinces, municipalities and metropolitan areas on the other. By surrendering a number of competencies – and essentially retaining only those relating to foreign policy, internal security, justice, defence and education – the central state must, however, absolutely preserve the system of rules, in order to ensure that these rules are adequate and valid for all citizens regardless of their geographical location.
Therefore, the Central State must be able to guarantee, within a federal organisation, a network of rules, services and uniform protection throughout the national territory, shared by all citizens. In this federalist perspective, the Notary, precisely because of its network and its widespread presence throughout the territory ( as it is already federalist), can be one of the leading actors in this process. Furthermore, it can represent one of the key points in the network on which the new federal organisation must be built.

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Index

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Italy towards federalism
The role of the Notarial system in the context of a federal Italy

The Role and Function of Notaries
The Role and Function of Notaries
The Notary, a guarantee of legality
Recent developments in the notarial profession
Distribution of notaries throughout the territory in 1997 and 2008
Application of the circular method to the 2008 distribution
Adequacy of presence in the territory in relation to the economic framework

The role and function of notaries: a European comparison
The role of notaries: a European comparison
Notary reform processes in Europe

Liberalisation: the Bersani Decree
The Bersani Decrees
Introduction
The “Bersani Packages
What’s new for professional services: the competencies took away
The debate on the subject
The subjects involved in the debate
Conclusions

The possible damage resulting from the misappropriation of skills from notaries
The main risks
The risks associated with technological progress
Types of computer fraud
The role of organised crime
Cost risks
Timing
An opening to multiple risks
Concluding remarks

The hypothesis of transferring to notaries the competencies in matters of separation and divorce by mutual consent and voluntary jurisdiction: a possibility of easing the burden of civil justice
Demand for civil justice
The supply of civil justice
The balance between supply and demand of civil justice and the number of pending proceedings
Cost of justice and average duration of divorce proceedings: a European comparison
Civil proceedings of separation, divorce and voluntary jurisdiction
The demand for civil justice for legal separations and divorces
The supply of civil justice for separations and divorces
Demand and supply of civil justice by voluntary jurisdiction
Duration of divorce proceedings: a European comparison
The cost of separation, divorce and voluntary jurisdiction proceedings to the parties
The cost of separation, divorce and voluntary jurisdiction proceedings for the State
A proposal to alleviate the burden of civil justice

The sample survey
Methodological notes
Analysis of results
Citizens’ opinions on notaries, lawyers and accountants
The skills of the notary profession
Concluding remarks
Statistical appendix and elaborations

The Notarial system in the Italian press
Introduction
What has been discussed?
Analysis of headlines
What is the communicative style?
Content analysis
Some brief conclusions

Appendix
Origin and evolution of the federalist perspective
Federalism
Populist federalism
The Italian Case
The centre and marginal aspects of the Italian Constitution
Federalism with an unchanged constitution
Local and national
Which centre?
The new government of space
Towards liberal federalism?
Contractual federalism
Referendum and federalist reform

Interviews with opinion leaders

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Introduzione

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The Notarial system, due to its organisation and widespread presence in the territory, can be one of the main actors in the process leading to federalism.

This content is also available in: Italian

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