Maneuver: Ocf, ‘advance payment to register case for role and return to the Middle Ages’

Firm refusal by the Forensic Congress Body to formulate art. 192 of the budget bill, which provides for the advance payment of the unified contribution to register the civil case in the roll, under penalty of nullity of the appeal. According to the Ocf Lawyers, “a reform of the system that openly contrasts with Article 24 of the Constitution (on this, see similar precedents of the Constitutional Court) and finds – a note finds – the firm opposition of the Forensic Congress Body, convened in extraordinary assembly on the point for tomorrow “. “Access to the jurisdiction must be ensured to everyone, without discrimination of income and without the amount of costs constituting a dissuasive element – explains Giovanni Malinconico, Ocf coordinator – as claimed in the Manifesto of the Italian Advocacy for the effectiveness of the protection rights and for the protection of the jurisdiction approved by the National Forensic Congress on the initiative of the OCF “. To fully understand the relevance of the issue, suffice it to say that the unified contribution varies, explains the note, depending on the value of the case and in certain circumstances it can amount to several thousand euros. Not only. The rule, as formulated, seems to provide for the rejection of the application even if the payment is incorrect due to an incorrect calculation of the value of the dispute. “This is a provision which, under the pretext of combating evasion, is shown to be punitive not so much towards the lawyer, but towards the users whose rights the lawyers defend – concludes Melancholy – with the result that those with less financial resources could give up asking for justice. A return to the Middle Ages “. To counter the reform, the Forensic Congress Organization does not exclude the use of any instrument, including the agitation of the category.

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