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...

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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...

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“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...

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Usi civici – property rights

Posted by on Apr 29, 2019 in LEGAL UPDATES, PROPERTY LAW UPDATES | 0 comments

In some regions in the South of Italy, in particular Abruzzo, Basilicata and many parts of Lazio (in particular south of Rome which were areas of the Mussolini bonifico) there are still ancient property rights (“usi civici“) which affect the ownership of land parcels, which in some cases go back to pre-Roman times. These are considered a limitation or restriction on real property rights, in the same category as “diritti di superficie” or “l’enfiteusi” (now almost extinct). After the Roman empire...

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Property law services for Polish-speaking clients

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

ZAKUP I SPRZEDAŻ NIERUCHOMOŚCI WE WŁOSZECH Nasza firma zapewnia niezależną pomoc prawną kupującym i sprzedającym nieruchomości mieszkalne i komercyjne we Włoszech. Mamy wieloletnie doświadczenie w obsłudze nieruchomości na terenie całych Włoch, w szczególności w centralnych regionach Toskanii, Umbrii, Marche, Abruzji i Lacjum. Zajmujemy się szeroką gamą rodzajów nieruchomości na całym rynku, począwszy od nowych konstrukcji po zrujnowane klasztory, historyczne zamki i okazałe domy. Zakup lub sprzedaż nieruchomości lub...

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Italian language exam – recognised certifiers

Posted by on Apr 15, 2019 in LEGAL UPDATES | 0 comments

This article will deal with the recognition of existing language qualifications for Italian citizenship applications. In our article dated December 2018 we advised you of the amendment to the immigration and citizenship law D.L. n. 91 of 5th February 1992, which confirmed that an additional requirement for all those applying for Italian citizenship under Article 5 of the 1992 law (marriage grounds) and Article 9 (residence grounds) must pass an Italian language test to the minimum level of B1 (lower-intermediate). Following this article we...

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EU Law in English

Posted by on Apr 5, 2019 in LEGAL UPDATES, NEWS AND EVENTS, OUR TEAM | 0 comments

The European Union Justice Programme is funding a two year project in partnership with the Fondazione del Notariato Italiano and the Internatonal Association of Judges as well as the Notaries Chambers of Bulgaria and Hungary for the teaching of EU law. The project focuses specifically on the areas of family, succession and property law, in the English language. Charlotte Oliver is one of the trainers involved in the project which aims to benefit over 10.000 legal professionals throughout Europe over the period of the...

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EU blue card – highly skilled workers visa

Posted by on Apr 5, 2019 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES | 0 comments

EU Blue Card: The EU Blue Card is a work permit that is offered by 25 Member States to highly-qualified non-EU citizens. The permit allows for non-EU citizens who are qualified workers to have the freedom of movement within the European Union. Apart from being a non-EU citizen, an applicant must also be one of the following: a highly-qualified/skilled worker or a researcher. There are also opportunities for students, vocational trainees and seasonal workers. As there are various labour shortages in particular sectors within Europe, there is a...

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Libertà di stabilimento nell’UE per le società

Posted by on Mar 25, 2019 in COMMERCIAL LAW UPDATES, LEGAL UPDATES | 0 comments

Nel TFUE gli articoli dal 49 al 54 si occupano della libertà di stabilimento riconosciuta alle società e ai professionisti, ossia la libertà di trasferirsi in altro Stato membro al fine di esercitare una qualsiasi attività economica. A tale proposito, l’art. 49 prevede quanto segue: “Nel quadro delle disposizioni che seguono, le restrizioni alla libertà di stabilimento dei cittadini di uno Stato membro nel territorio di un altro Stato membro vengono vietate. Tale divieto si estende altresì alle restrizioni relative all’apertura...

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Simplifying public documents

Posted by on Mar 13, 2019 in LEGAL UPDATES | 0 comments

The EU Regulation on Public Documents n. 1191 came into force on 16th February 2019 and dramatically cuts red tape for EU citizens who need to provide public documents in another EU member state, abolishing the need for fixing with an Apostille, to prove the cross-border document or certificate is genuine, or even the need to provide a translation. The public documents covered by the Regulation include birth, death, marriage, registered partnership or adoption certificates, and also residence certificates and proof of absence of a...

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Decreto Flussi 2019

Posted by on Feb 21, 2019 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES | 0 comments

Work Permit Quotas 2019 for non-EU nationals: Work permit quotas for non-EU nationals in Italy are released at the beginning of each year by way of publication of the Immigration Quota Decree ‘Decreto Flussi’, which allows non-EU nationals who meet the requirements of the decree to obtain a work permit in Italy. The quotas vary from year to year. In 2018, the quota was 30,850 in relation to non-EU nationals of which 18,000 were seasonal workers. It is highly likely that the quota shall remain the same for 2019. In 2018, 30,850 workers were...

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International couples and property – EU Regulation

Posted by on Jan 24, 2019 in LEGAL UPDATES | 0 comments

New EU law will come into force on 29th January 2019, namely Regulations 1103/1106 and 1104/2016 which will regulate property ownership between married couples and registered partnerships in international or “cross-border” situations. The new rules, in a similar vein as other Regulations in family law matters, will prescribe clarity in case of a dispute, in particular separation and divorce, ie will enable couples to determine the law appliable and the competent court to decide on the question of property ownership. An example of a...

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INTERNATIONAL LETTERS ROGATORY

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

“Letters rogatory” (a legal request -which will be referred to here simply as a “rogatory”),  provide judicial authorities in Italy with reciprocal assistance and co-operation in legal proceedings. POST BY AVVOCATI JESSICA ZAMA AND AGNESE MICOZZI A rogatory is a tool used to notify and serve documents which have legal value in a different jurisdiction, in particular  a way to judicially enforce a foreign obligation, on an individual or a company, for example when they are called to be a witness or to provide...

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BRITISH CITIZENSHIP

Posted by on Jan 17, 2019 in LEGAL UPDATES | 0 comments

Applications for British Citizenship: There are different ways to apply for British citizenship based on your circumstances. Grounds of Current residence: If you moved to the UK you may apply for ‘naturalisation’ as a British citizen if: – you moved to the UK on a visa – you are from a EEA country or Switzerland If you have lived in the UK for the last 5 years you may be able to: – apply if you’ve had indefinite leave to remain for the past year – apply if you’re from the EEA and you’ve had permanent...

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Italian language test for citizenship

Posted by on Dec 13, 2018 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES | 0 comments

A new language test for Italian citizenship has recently been added in an amendment to the immigration and citizenship law D.L. n. 91 of 5th February 1992. Last month  amendment 14.7 of the Decreto Sicurezza was approved in the Camera, confirming the requirement that all those applying for Italian citizenship under Article 5 of the 1992 law (marriage grounds) and Article 9 (residence grounds) must pass an Italian language test to the minimum level of B1 (pre-intermediate). Article 9 of D.L. n. 91/1992 has now been amended to include...

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“Codice rosso” new law on domestic violence

Posted by on Nov 29, 2018 in LEGAL UPDATES | 0 comments

New draft legislation making its way through the Italian Parliament, nicknamed “Disegno di legge Codice Rosso”  modifies the existing provisions of the codice penale. The new law provides for new training for police and carabinieri and fast-tracking of police reports by victims of domestic violence, which will need to be submitted immediately to the prosecutor’s office. There will also be  speedier access to justice for victims through the courts, particularly in urgent cases, for example where an injunction is needed....

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Recognising overseas birth certificates

Posted by on Nov 29, 2018 in Immigration and Italian Citizenship, LEGAL UPDATES | 0 comments

With the ever-looming enforcement of Brexit in March 2019 and the Decreto Sicurezza*  (D.L. n. 113/2018) which came into force on 5th October 2018, there has been an influx of British citizens making applications for Italian citizenship (on the grounds of residency, marriage or ius sanguinis) with the aim to protect their rights as European citizens. Recently we have received enquiries from British clients in relation to what form of birth certificates would be considered  acceptable in the citizenship application. The online application...

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Incoterms in international contracts

Posted by on Nov 8, 2018 in COMMERCIAL LAW UPDATES | 0 comments

What are Incoterms and why are they relevant in relation to international contracts? Incoterms are international commercial clauses published by the International Chamber of Commerce (ICC) and are referred to in international contracts for the sale of goods. They provide specific rules in relation to the buyer and seller’s responsibilities when dealing with loss, damages and the costs of transport. In fact, they are only commercial in nature, and  are used widely during international commercial transactions, so they do not constitute any...

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Decreto Salvini – Legge 113/2018 – changes to law on Italian Citizenship

Posted by on Oct 30, 2018 in IMMIGRATION AND NATIONALITY LAW UPDATE | 0 comments

Changes to Italian Immigration and Citizenship rules (Decreto Salvini) came into force on October 5th 2018 with Decreto Legge 113/2018. Article 14 of this new law changes the current rules on applications for Italian citizenship. These new rules affect a number of our clients, in particular British citizens hoping to obtain Italian citizenship before the UK leaves the EU in order to safeguard the rights associated with European citizenship. The main changes are the increase in time in which the Home office must make a decision and the increase...

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Permanent residence certificate

Posted by on Oct 23, 2018 in IMMIGRATION AND NATIONALITY LAW UPDATE | 0 comments

Permanent Residence: Following 5 years of continuous legal residence in Italy, an EU citizen* can apply for permanent residence. This is a certificate issued by the Comune known as the “Attestato di soggiorno permanente“. The right to obtain the Attestato di soggiorno permanente is provided in the Directive on Free movement (2004/38/CE) and is incorporated into Italian law no. 30 of 2007 (see articles 14- 16). Art. 14. Diritto di soggiorno permanente 1. Il cittadino dell’Unione che ha soggiornato legalmente ed in via continuativa per...

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