Frequently Asked Questions
Question: What does the liberalisation of the liberal professions entail?
Reply: The reform of the liberal professions introduced by the "Grow Italy" decree marks a step forward towards creating a fair and competitive market. The purpose of facilitating access to the liberal professions is to help young people by removing the barriers to the professional services market. In brief, the main measures are:
A. Streamlining and simplifying procedures. The first set of measures are designed to streamline and simplify the procedures for gaining access to the liberal professions. The maximum period of training or pupillage before being able to sit for the qualifying examination is now 18 months. During the first six months (if the National Council of Professional Associations and the Ministry of Education have concluded an agreement in this regard) the training period may also coincide with the time spent on the course leading to the First, Master’s or Honours degree. The National Council of Professional Associations can also conclude agreements with the Ministry of the Civil Service and Technological Innovation enabling them to train as interns with some government department of agency after graduation.
B. Training for accession to the professional associations. The reform of the professional associations approved by the Council of Ministers held on 15 June, 2012 governs access to the period of training required to practise a liberal profession. The reform provides as follows:
- It is compulsory for persons wishing to practise the liberal professions to undertake a period of training for 18 months, including theoretical and practical experience in order to acquire the skills they require to practise and organise their professional work;
- Registration as a trainee is a necessary condition for undertaking the practical training period (the register of trainees is held by the professional association with which it is necessary to register in order to undertake the training period required by law);
- The trainer or principal must have been practising the profession for five years, and may only train a maximum of three trainees at any one time in order to to ensure that the training is effective and adequate (the trainer or principle is the person responsible for supervising the statutory training period, making it possible to enter the trainee in the register of trainees);
- The training period may be performed for a period of not more than six months, with entities or professionals in other countries, and once again the training period may coincide with the degree course period;
- Trainee status is absolutely incompatible with any kind of public service post, while it is possible to be privately employed during the training period if this makes it possible to perform an adequate training period;
- Any interruption of the training period for more than six months without good reason cancels the period already performed to comply with the statutory training obligation;
- Trainees are required to comply with the same code of professional conduct as qualified professionals;
- The trainee must have practical training with a professional firm and attend specific vocational training courses organised by the professional associations and entities authorised by the supervisory ministers or associations. After obtaining a favourable opinion from the competent minister, the National Council of Professional Associations must regulate the terms and conditions for instituting the courses, establishing the contents, the minimum duration (which shall not be less than 200 hours), the terms and conditions of attendance, and the mid-term and final examination of the trainees conducted by a Commission of professionals or university lecturers (a Professional Association is made up of professionals belonging to it by virtue of being registered with an Association instituted by law). The Minister responsible may ascertain whether the courses are fit-for-purpose and decide on the date on which the training period begins in order to to make the training period operational; the Council of the Professional Association concerned has the powers to certify completion of the training period;
- If the professional does not pas the State examination to qualify for the profession within five years of completing the vocational training period, the training period shall not count.
C. Private savings. The second set of measures are intended to cut costs to the community. Minimum and maximum fee scales have been abolished. Fees charged by professionals are to be negotiated between the professional and the client.
D. Transparency. The third set of measures are to encourage transparency. There are two major novelties. The first is the obligation to agree on the fee in advance, after notifying the client of the level of complexity of the case. At the request of the client, the profession is required to give the client a written cost estimate. The second novelty is the obligation on the professional to notify the client that a professional liability insurance is in place.
The notarial profession is a case apart. In order to guarantee fairness and competition, the number of notaries public will be increased. The new notaries will be appointed following a public competitive examination, one per year, for three consecutive years.
Page published on 31/01/2012
Latest update: 09/07/2012
