Analysis of the Judgment of the Court of Cassation, Civil Section II, Order No. 18383/2024: Free Legal Aid and Rights of the Public Defender
The recent order of the Court of Cassation, dated July 5, 2024, raises important questions regarding free legal aid and the rights of public defenders, particularly in adoption proceedings. The central issue concerns the disparity in treatment between public defenders of untraceable parents and those of insolvent parents, highlighting a potential violation of the principles of equality enshrined in Article 3 of the Italian Constitution.
The Regulatory Context and the Question Raised
The appellant A.A., a public defender, requested the payment of fees for her work in an adoption proceeding. The request was initially rejected by the Juvenile Court of Potenza, which argued that the rules regarding public defense in criminal matters cannot be extended to adoption proceedings. This position led A.A. to appeal to the Court of Cassation.
- Disparity of treatment between public defenders of untraceable parents and those of insolvent parents.
- Reference to the ruling of the Constitutional Court No. 135 of 2019, which declared the unconstitutionality of similar rules.
- Possibility of reimbursement of professional expenses charged to the Treasury for public defenders.
The Court of Cassation deemed the question of constitutional legitimacy of Article 143, paragraph one, of D.P.R. No. 115 of May 30, 2002, relevant and not manifestly unfounded, with reference to Article 3 of the Constitution.
The Implications of the Judgment
The Court highlighted that the current regulatory framework creates an unreasonable disparity of treatment between the public defender of an untraceable parent and that of a traceable but insolvent parent. This leads to a violation of the principle of equality, as both situations present significant analogies. The Court therefore decided to refer the matter to the Constitutional Court, emphasizing the importance of ensuring effective defense, especially in proceedings concerning the rights of minors.
Conclusions
In conclusion, the judgment No. 18383/2024 of the Court of Cassation represents a fundamental step for the recognition of the rights of public defenders and for the protection of minors. The question of constitutional legitimacy raised could lead to a significant change in the legislation regulating free legal aid, ensuring greater fairness and protection for all parties involved in adoption proceedings.
