Read the highlights of the decision:
circumstances, the Court observes that the inscription on the professional assessment constitutes an act of incorporation, which operates erga omnes status of professional and tax only to those engaged in the "professional services" means contracts for work directly with the public customer. The requirement of recording in the register of practicing the profession of nursing (art. 8 Leg. PSC No. 233 / '46) is, in essence, closely related to the need to inform the public what the persons authorized to carry out that work and ensure that they are supervised by the relevant colleges for possible disciplinary aspects and compliance with the tariffs in place. Freely exercise a profession means acts of the same characteristic, ie, a person with a particular set of technical and scientific knowledge, poses that his cultural background, in full independence and to end profit-making potential available to the users continuously and systematically , which suggests the significant social and ethical importance of the profession itself and the necessity that it is, so say, monitored through the inclusion of the operator into the register provided by the law.The 'compulsory membership is not satisfied, however, for nurses who are not active autonomous and free, but they are bound by an employment relationship with a private organization, directly or indirectly accredited to the Government, considering that in this case no explicit "occupation through work contracts directly with the public clients," require no monitoring on the fees charged, as they perceive a fixed salary, disciplinary action to meet their employer which are linked by hierarchical relationship, they must meet - in performance of their duties - the degree and the satisfaction of the health facility in which they work, even if it is not public but it is accredited and an agreement with the National Health Service.
This conclusion is a specific coupling legal art. 10 of Legislative Decree no. No CPS 233/1946, which provides for health care professionals who hold the position of employees of public bodies, the mere possibility of their enrollment, thus placing the order or discipline of the College, "limits the exercise of the profession" , where this is not prohibited by their law of the institution on which they depend.
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