National Forensic Council November 19, 2021 (Text below) Takes a stand against the compulsion of the DURC for lawyers to be paid by the public administration.
The practical contribution of public administrations was supported and confirmed by the ANAC to seek evidence for regulation.
Mandatory DURC in the purchase code
Purchase code (Article 80 para 4 DLGS 50/2016) Excludes participation in a practice d‘The contract stipulates that the economic operator who committed the serious breach is obligated to pay taxes and social security contributions in accordance with Italian law or the state in which they were established.
The standard explicitly recommends it “Those who obstruct the delivery of a single document of regulation are gross violations in terms of contributions and social security.‘ Contribution (DURC), as per the order of the Ministry of Labor and Social Policies dated 30 January 2015, Official Gazette No. “
In many public administrations the payment and / or appointment of lawyers is subject to the prior submission of a certificate of contribution.
In support of this practice, with the position expressed by the ANAC Guidelines n. 12 on 24 October 2018, According to which the granting of legal appointments falls within the regulation of art. 80 paragraph 4 of the Purchase Code, thus requiring the compliance of the DURC. The position of the ANAC was recently confirmed by Resolution No. 303 on 01/04/2020.
National Forensic Council, with Comment of November 19, 2021, He points out that he considers the ANAC opinion to be unsubstantiated, which does not have the value of a legally binding act, but has a simple criterion. Guidance for contract officers.
CNF states, “Legal services are explicitly referred to as exempt from issuing European orders on procurement.I “and by the same art. 17 paragraph 1 letter. D) point n. Code of General Contracts 1. Providing professional work to the lawyer is a professional work contract, which is characterized by having a” regular and confidential “service subject to it, and its credible elements Based (agreement “Personal”).
The uniqueness of the lawyer’s appointment has already been underlined in the CNF’s previous opinion of 17 July 2015, ANAC guidelines no. 12/2018 Before the Lazio Regional Administrative Court.
Judgment is still pending (RG 15385/2018), but the final decision is pending and will not interfere with the professional action of the lawyers, CNF said. Forensic Finance To provide members with documents such as DURC.
According to the CNF, the regularity of contributions should be sought from Gaza Forensics. If this applies to solving problems for lawyers practicing alone until the final clarification by the TAR, there is still skepticism about the duty of staffed attorneys to prepare the DURC.
The position of the Ministry as expressed in the note of the Department of Justice Affairs further created uncertainty (Reference number. 0230458 of 16 November 2021), Accordingly, when a lawyer uses staff during his or her proceedings, the regulation of contributions must be demonstrated with the DURC.
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