# C_2013147EN.01000702.xml

| 25.5.2013 | EN | Official Journal of the European Union | C 147/7 |
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25.5.2013

EN

Official Journal of the European Union

C 147/7

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Request for a preliminary ruling from the Tribunale di Tivoli (Italy) lodged on 11 February 2013 — T

(Case C-73/13)

2013/C 147/12

Language of the case: Italian

Referring court

Referring court

Tribunale di Tivoli

Parties to the main proceedings

Parties to the main proceedings

Applicant: T

Applicant:

Questions referred

Questions referred

| 1. | Does Article 82 of Presidential Decree No 115 of 30 May 2002 on legal aid in Italian law — insofar as it stipulates that the judicial authorities are to make an order for payment in respect of the fees and expenses of the defending council which complies with the standard scale of lawyers’ fees in such a way that, they may not, in any event, be greater than the average amounts payable under the scales of fees in force relating to fees, court fees and emoluments, bearing in mind the nature of the professional commitment with reference to the impact of the tasks undertaken in relation to the procedural status of the defendant — comply with Article 47(3) of the [Charter of Fundamental Rights] of the European Union, which stipulates that legal aid is to be made available to those who lack sufficient resources insofar as such aid is necessary to ensure effective access to justice? |
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1.

Does Article 82 of Presidential Decree No 115 of 30 May 2002 on legal aid in Italian law — insofar as it stipulates that the judicial authorities are to make an order for payment in respect of the fees and expenses of the defending council which complies with the standard scale of lawyers’ fees in such a way that, they may not, in any event, be greater than the average amounts payable under the scales of fees in force relating to fees, court fees and emoluments, bearing in mind the nature of the professional commitment with reference to the impact of the tasks undertaken in relation to the procedural status of the defendant — comply with Article 47(3) of the [Charter of Fundamental Rights] of the European Union, which stipulates that legal aid is to be made available to those who lack sufficient resources insofar as such aid is necessary to ensure effective access to justice?

| 2. | Does Article 82 of Presidential Decree No 115 of 30 May 2002 on legal aid in Italian law — insofar as it stipulates that the judicial authorities are to make an order for payment in respect of the fees and expenses of the defending council which complies with the standard scale of lawyers’ fees in such a way that, they may not, in any event, be greater than the average amounts payable under the scales of fees in force relating to fees, court fees and emoluments, bearing in mind the nature of the professional commitment with reference to the impact of the tasks undertaken in relation to the procedural status of the defendant — comply with Article 6 the European Convention for the Protection of Human Rights, as transposed into Community law by Article 52(3) of the [Charter of Fundamental Rights] of the European Union and by Article 6 [TFEU]? |
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2.

Does Article 82 of Presidential Decree No 115 of 30 May 2002 on legal aid in Italian law — insofar as it stipulates that the judicial authorities are to make an order for payment in respect of the fees and expenses of the defending council which complies with the standard scale of lawyers’ fees in such a way that, they may not, in any event, be greater than the average amounts payable under the scales of fees in force relating to fees, court fees and emoluments, bearing in mind the nature of the professional commitment with reference to the impact of the tasks undertaken in relation to the procedural status of the defendant — comply with Article 6 the European Convention for the Protection of Human Rights, as transposed into Community law by Article 52(3) of the [Charter of Fundamental Rights] of the European Union and by Article 6 [TFEU]?

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