Fabio GIOVAGNOLI
PROFESSIONAL EXPERIENCE
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APPOINTMENTS IN INTERNATIONAL BODIES
In the experience gained he has placed his primary attention, in the various bodies of which he is a member, on the full protection of democratic institutions and fundamental guarantees by making, according to a comparative study perspective, technical contributions aimed at the recognition and consolidation of the Rule of Law, also proposing unprecedented analysis perspectives in defence of the peculiarities of the micro-state.
From November 2020/ ongoing:
CCJE – Consultative Council of European Judges
He is a San Marino member of the Advisory Council of European Judges. In this context, it actively contributes to all duties and technical contributions periodically requested by the body in view of the adoption of all the consultative acts of competence, constantly used for the evaluation activity of the member countries of the Council of Europe, as well as the personal participation in the work of the annual plenary sessions.
Of particular note is the forwarding of technical contributions on behalf of the Republic prodromal to the adoption of opinion no. 24 (2021) and opinion no. 25 (2022) and respectively relating to the evolution of the Judicial Councils and to the freedom of thought and expression of the judges, as well as the personal intervention carried out during the work of the Plenary Assembly 2022 for the presentation of the recent San Marino legal reforms.
CDCJ – European Committee on Legal Co-operation
He is a San Marino member of the European Legal Cooperation Committee. Here it provides for the examination, also comparative, of the multiple in-depth topics entrusted to the body, also with a view to international cooperation. It also actively contributes to all duties and technical contributions periodically requested by the body in view of the adoption of the acts of competence, as well as personal participation in the work of the annual plenary sessions.
From December 2022/ongoing:
Deputy head of the National Court of the Republic of San Marino
He carries out management and coordination activities as deputy of the Single Court of the Republic of San Marino as a substitute for the Director of the Court, pursuant to art. 14 c.5 of the constitutional law 7 December 2021 n. 1.
Since October 2011/ongoing:
Judge at the National Court of the Republic of San Marino
Applied mainly to ordinary civil and administrative jurisdiction, he has gained solid and diversified experience over the years in the exercise of all jurisdictions.
Of particular note is the adoption over the years of rulings which, due to the unpublished sections and the scientific interest found in San Marino and abroad, have also been the subject of publication in specialized foreign legal journals.
In particular, the topics dealt with on a daily basis concern:
- to civil law with particular reference to the fundamental rights of the person, to the profiles of contractual and non-contractual liability, status and capacity of persons (both voluntary jurisdiction and in litigation), labour law, family and juvenile law, means of conservation of the guarantee, trust etc;
- bankruptcy law with particular regard to the primary institutions inherent to insolvency proceedings in the San Marino legal system. From the judicial competition to the voluntary transfer of assets, composition proposals and moratorium procedures, as well as the resolution of states of temporary crisis, also with respect to transnational corporate groups, etc.;
- administrative law with particular regard to the primary aspects relating to the review of the legitimacy of the documents rendered by the public administration in multiple areas (public employment, tenders, urban planning, etc.), as well as with respect to the protection of individual rights in the exclusive jurisdiction. Unpublished profiles on banking matters were also dealt with, with regard to the review of legitimacy against acts adopted by the public authorities;
- criminal law, with particular regard to the profiles and competences inherent to the duties referred to in the law of 21 July 2008 n. 98.
From November 2022/ongoing:
Auditor of the Captains Regent
He is designated as Auditor of the Captains Regent, providing assistance to Their Excellencies in the delicate and confidential fulfillment of the duties of Their Office.
From November 2021/ongoing:
Central Authority for the Republic of San Marino pursuant to the Convention on the civil aspects of the international abduction of minors, made in The Hague on 25 October 1980.
It is the Central Authority for the Republic of San Marino, competent for all conventional and bilateral civil obligations and aspects as expressly provided for and governed by the Convention on the civil aspects of international child abduction made in The Hague on 25 October 1980.
From March 2021/ongoing:
Professional member of the Judicial Council
He was elected by the magistrates as their representative on the Judicial Council established as a result of the legal reform introduced with the constitutional law of 7 December 2021 n. 1.
Here he therefore deals with all the institutional tasks devolved to the Judicial Council on the basis of the recent constitutional reform.
In particular, it should be noted that, in compliance with the constitutional provisions, since taking office he has been appointed by the Judicial Council to participate in a restricted delegation both in the drafting of the Code of Ethics for San Marino magistrates (in compliance with the most modern ethical standards), as well as in the Internal Regulations of the Judicial Council.
National technical commissions for the monitoring activity of supranational bodies
He has been part of numerous national technical commissions on the occasion of the multiple monitoring activities by supranational bodies, carried out both on site and at European offices.
These participations implied the examination and preparation of all the technical duties subject to analysis, in concert with the San Marino institutions, as well as the preparation of technical documents to be submitted to the monitoring activity.
Selected recent memberships:
- 2022 - Member of the national technical commission for the monitoring activity of the Parliamentary Assembly of the Council of Europe;
- 2022 - Member of the national technical commission for the monitoring activity of the CPT (European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment);
- 2022 - Member of the national technical commission for the monitoring activity of GRECO (Group of States Against Corruption).
National technical commissions for legislative reforms
He has been a member of numerous national technical commissions aimed at preparing legislative or regulatory reform texts.
These participations implied the examination and preparation of all the modifications, also from a comparative perspective with respect to other legal systems, providing for them through a continuous comparison with all the institutional subjects involved.
Selected recent memberships:
- 2021 - Member of the national technical commission for the preparation of the code of ethics for San Marino magistrates;
- 2021 - Member of the national technical commission for the preparation of the Internal Regulations of the Judicial Council;
- 2020 - Member of the national technical commission for the preparation of the constitutional reform of the San Marino Judicial System;
- 2019 - Member of the national technical commission for the preparation of the reform of the law on Trust and fiduciary assignment.
Conferences and seminars
He is a speaker both in San Marino and abroad at conferences and seminars, pertaining to both civil and bankruptcy law, some of which are also of international importance.
Contract teaching
He has held numerous contract teaching positions both at the University of the Republic of San Marino and at private institutions.
Presidency of national commissions for the qualification to practice the professions
He has assumed the presidency in San Marino of numerous national commissions enabling the practice of the profession of both lawyer and notary and chartered accountant.
EDUCATION AND TRAINING
• Carlo Bò University of Urbino; Level in the national classification 110/110, Cum Laude;