Private Foundations and the growth of the “terzo settore”

Posted by on Mar 31, 2020 in LEGAL UPDATES | 0 comments

The name “terzo settore” refers to the sector of institutions and legal entities in Italian society which are not connected to either corporate enterprises or to the state. This so-called “third sector” is made up of organisations such as private foundations that are non-profit making (“senza scopo di lucro“) and is gradually replacing the diminishing contribution that the state makes to the welfare of its citizens and the preservation of cultural and historic heritage. In Italy since the 1948 Constitution...

read more

Suspension of the courts continues up to 15th April 2020

Posted by on Mar 30, 2020 in LEGAL UPDATES | 0 comments

The streets of Rome are eerily silent now as the country waits for news daily from the Protezione Civile hoping for reassurance that the numbers of those affected by the epidemic are starting to decrease. Now three weeks into the lock-down of Italy, this article updates our previous article of 9th March to take into account the constant stream of new government guidelines and emergency legislation in relation to legal services. It is business as usual for many key workers in essential industries in Italy, thanks to new innovative ways of...

read more

Court hearings suspended until 22nd March 2020

Posted by on Mar 9, 2020 in LEGAL UPDATES | 0 comments

No need for panic! Life in Italy is going on almost as normal for most of us at the moment, despite the fact that since 10th March the country is on government-ordered lock-down because of COVD-19. We are just trying to keep healthy and look after our loved ones with a few extra precautions to avoid catching any unwanted germs, and hoping that these measures help restore normality. In our daily work as lawyers there is some obvious unexpected upheaval and we will have to assess on a case by case basis how we should advise our clients to...

read more

Inheritance law and estate planning in Italy

Posted by on Feb 28, 2020 in LEGAL UPDATES | 0 comments

There are common misconceptions about inheritance law and estate planning in Italy and what type of will should be made by international residents or property owners, whether a will should be made at all, or whether different wills should be drawn up in every country. There is however no one-shoe-fits-all rule. Advice may differ, and there may be more than one potential solution. Considerations that need to be made include: the persons’ wishes; the next of kin ie spouse, children, siblings, parents  where they are resident and/or...

read more

Statute of Limitations

Posted by on Feb 27, 2020 in LEGAL UPDATES | 0 comments

One of the most urgently needed reforms of the Italian criminal justice system is to the Statute of Limitations or the rules on “prescrizione”  which determine the date by which a criminal offence can no longer continue to be prosecuted if no verdict has been reached. Legge n. 3 del 9 gennaio 2019 was introduced by the Justice Minister Bonafede of the Five Star Movement and came into force in January 2020. Its main provision would suspend the limitation period once a verdict in the first instance court had been reached. In other...

read more

BREXIT IS REALITY…

Posted by on Jan 25, 2020 in LEGAL UPDATES | 0 comments

The European Union (Withdrawal Agreement) Act became law on 23rd January. The next step will be for the withdrawal agreement to be ratified by the European Parliament, scheduled for 23rd January. The UK is then due to leave the EU on 31st January 2020 under the terms of the Withdrawal Agreement concluded between the UK and the EU on 19th October 2019, and from that date British nationals will no longer be able to enjoy the benefits of being EU citizens. Although the Withdrawal Agreement provides that the transition period (due to end on 31st...

read more

O&P reflections from 2019

Posted by on Jan 6, 2020 in LEGAL UPDATES | 0 comments

O&P reflections from 2019

We would like to take a moment to reflect on our achievements and developments over the last 12 months before moving onto our new goals for the year to come. 2019 saw the start of the dynamic EU Commission project EULawinEN in which Charlotte Oliver took on the role of trainer of Notaries and Judges in Italy, Bulgaria and Hungary, developing knowledge and shared experience in European inheritance, family and property law. First week of training in Rome at the Fondazione Italiana del...

read more

Climate change legislation

Posted by on Nov 18, 2019 in LEGAL UPDATES | 0 comments

In October the Italian government published the “Decreto Clima” Climate Bill (Decreto legge n. 111 14/10/2019) with which it intends to implement, within 60 days, and invest 450 million Euro, a strategic national programme to tackle climate change and the improvement of air quality, heralding the new legislation as the most ambitious in Europe. The provisions of the new legislation include: Bonus of 1500 Euro for scrapping cars up to Euro 3 Bonus of up to 500 Euro for two speed motorcycles 40 million Euro to the Comuni for car...

read more

Step Europe Conference 2020 – Vienna

Posted by on Nov 14, 2019 in LEGAL UPDATES | 0 comments

Charlotte Oliver will be representing Step Italy at the Annual Conference of Step Europe in Vienna in February 2020.  Charlotte has been a member of the Society of Trusts and Estates Practitioners since 2018. She will be joining a panel of private client lawyers and practioners from around Europe to discuss Cross Border Planning, in particular with reference to private foundations. Other topics on the Agenda for the Conference will include the Lasting Power of Attorney, Mobility for International Clients and Digital Estates. List...

read more

UK Visa Applications

Posted by on Oct 28, 2019 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES | 0 comments

If you are a national of a country outside the EEA, and not sure whether you need a visa to travel to the UK you can check the Home Office website, the rules do change from time to time and will depend on the purpose of your stay. https://www.gov.uk/check-uk-visa/y The way UK Visa applications are now being submitted, processed and considered  has changed this year. Prior to 28th January 2019, applications  from Italy were sent by post and appointments were made at the British Consulate in Rome. From this year, all UK visa...

read more

No-deal or new-deal – the effect on applications for Italian citizenship

Posted by on Aug 7, 2019 in LEGAL UPDATES | 0 comments

Further to our May article ‘No Deal’ Italian Law Effect on Italian Citizenship Applications, we remind our British citizen clients that if they intend to apply for Italian citizenship it is advisable that they  lodge their application before 31st October. With new UK Prime Minister Boris Johnson saying in his first speech as Prime Minister that the UK ‘will come out of the EU on 31 October, no ifs or buts’ and ‘we will do a new deal, a better deal’, the currently predicted Brexit date of 31 October seems ever...

read more

Captain Carola Rackete and the migrant crisis

Posted by on Jul 29, 2019 in LEGAL UPDATES | 0 comments

Carola Rackete, a sea captain who works for the German sea rescue organisation ‘Sea Watch’ was arrested on 29th June for docking a migrant ship without authorisation from officials at the port of Lampedusa, and for ramming into and allegedly attempting to sink an Italian Guardia di Finanza patrol boat. On 12th June, Rackete had taken on board 53 migrants from the Libyan coast.  She rejected the offer to dock at Tripoli as it is deemed unsafe by humanitarian organisations and as such she headed towards Lampedusa in Italy. According to...

read more

Oliver & Partners move to new office

Posted by on Jul 11, 2019 in LEGAL UPDATES | 0 comments

Oliver & Partners are moving office! From 2nd September 2019 our new address will be: Studio Legale e Tributario, Piazza Capranica 78, (3rd Floor) Rome 00186 ITALY Tel: + 39 06 69190603 or + 39 06 3614115 Email: legal@oliverpartners.it The  office is located in the centro storico between the Pantheon and the Italian Parliament. There is little availability for parking in the centre so travel by car is not advised, but there are many bus connections and we are a short walk from bus stops at Piazza Colonna/Via del Corso or Largo...

read more

Claims to Italian citizenship through maternal line

Posted by on Jul 6, 2019 in LEGAL UPDATES | 0 comments

Descendants of female Italian citizens who left Italy in the late 19th century and the early part of the 20th century have been hampered in their quest for an Italian passport by the 1912 law on Italian citizenship.  The Italian Law (Legge no. 555 of 1912) provided that an Italian woman would automatically lose her Italian citizenship either on marriage to a foreign national husband or if her Italian husband naturalised, ie took up a new nationality having emigrated from Italy. The Italian wife was deemed to automatically acquire the new...

read more

New rules governing Apostilles on documents and certificates

Posted by on Jun 30, 2019 in LEGAL UPDATES | 0 comments

In a recent article (click link to read) we confirmed that the EU Regulation on Public Documents n. 1191/2016 had come into force on 16/02/2019. This legislation, in relation to the circulation of public documents between EU member states, has abolished the need for a document issued after this date to have an Apostille to prove that the document is genuine. The public documents covered by the Regulation include birth, death, marriage, registered partnership or adoption certificates, residence certificates and proof of absence of a...

read more

Budapest seminar on EU Succession and Family Law

Posted by on Jun 20, 2019 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

Charlotte Oliver will be a speaker at the seminar to be held in Budapest, Hungary on 8th and 9th July 2019 as part of the programme of training of EU judges and Notaries, Funded by the European Justice Programme. For more information and background to the two-year Programme: Seminar brochure EU Law in English

read more

Johnny Hallyday – the French inheritance dispute continues

Posted by on May 30, 2019 in LEGAL UPDATES, SUCCESSION LAW UPDATES | 0 comments

The inheritance dispute between the heirs of Johnny Hallyday took a dramatic turn in the French court of Nanterre this week.  A much awaited ruling was published on Tuesday 28th May. Click here to read our previous article on the commencement of proceedings in 2018 The Nanterre court declared this week that it does have jurisdictional competence to hear the dispute. The court ruled that Hallyday was indeed “habitually resident” in France at the time of his death, as claimed by his eldest two children Laura and David who had...

read more

Freedom of movement to establish a business in the EU

Posted by on May 19, 2019 in LEGAL UPDATES | 0 comments

Please follow this link to read the article in Italian Within TFUE, articles from 49 to 54 refer to the right of establishment recognised to companies and firms, which means the right to move to another member State of UE in order to practice an employment or an activity. About it, art. 49 TFUE provides as follows: “Within the framework of the provisions set out below, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to...

read more

100 years of women in law

Posted by on May 19, 2019 in LEGAL UPDATES | 0 comments

  Oliver & Partners is an all-women law firm, and we are proud to be  celebrating the 100th anniversary of the year that female lawyers were first entitled to practise in the United Kingdom, in all levels and positions of the legal system.  In Italy, however, this year is only a part-celebration as it is the centenary since women can practice as lawyers (avvocati) but were not yet able to take up the role of a judge.  Women and the legal profession in the UK The Sex Disqualification (Removal) Act became law in the United Kingdom on...

read more

“No deal” Italian law – effect on Italian citizenship applications

Posted by on May 9, 2019 in LEGAL UPDATES | 0 comments

Posted by Jessica Zama and Rosamaria Berloco The infamous Brexit, subject of most conversations and debates in the past couple of years, unsurprisingly will not only affect the United Kingdom, but many other European countries, including Italy. If the United Kingdom does leave the European Union (currently on 31 October 2019), there will be many legal provisions that Italy will have to adopt, in order to protect its citizens, U.K. citizens living in Italy, and the country itself. The Italian government pre-emptively already adopted such a...

read more