Commentary on Judgment No. 11393 of 2024: The Concept of Economic Activity and Legal Aid

Judgment No. 11393 of April 29, 2024, issued by the Court of Cassation, offers an important interpretation of the concept of economic activity within the context of legal aid. Specifically, it clarifies how economic activity, according to Article 119 of Presidential Decree No. 115 of 2002, must coincide with a direct profit-making purpose, thereby excluding activities that pursue solidarity objectives.

The Concept of Economic Activity According to the Regulations

The central regulatory reference in this judgment is Article 119 of Presidential Decree No. 115 of 2002, which defines the conditions for accessing legal aid. The Court, in its order, reiterated that:

Article 119 Presidential Decree No. 115 of 2002 - Concept of Economic Activity - Coincidence with Direct Profit-Making Purpose - Activities Instrumental to Achieving Solidarity Objectives - Applicability - Exclusion. The concept of economic activity contemplated in Article 119 of Presidential Decree No. 115 of May 30, 2002, coincides with the pursuit of a direct profit-making purpose and cannot be applied to cases where such activity is instrumental to achieving a solidarity objective.

From this perspective, the Court of Cassation established that only economic activities aimed at generating profit can be considered for the purposes of legal aid. This means that activities whose objective is social support, without a direct profit-making purpose, do not possess the requirements to access this benefit.

Practical Implications of the Judgment

The implications of this judgment are significant for various sectors, including:

• Non-profit associations and organizations: must review their strategies to ensure that any economic activities are clearly profit-oriented if they intend to access the benefits of legal aid.
• Legal professionals: lawyers and legal practitioners must be aware of these criteria when assisting their clients in applying for legal aid.
• Judges and courts: will need to apply this interpretation uniformly in future decisions concerning legal aid.

The Court clarified that the notion of economic activity cannot be extended to include activities that, despite having social value, do not pursue direct profit. This approach aims to preserve the integrity of the legal aid system, ensuring that it is used for the purposes for which it was conceived.

Conclusions

In conclusion, Judgment No. 11393 of 2024 represents an essential reference point for understanding the regulations on legal aid and the concept of economic activity. It underscores the importance of a clear distinction between profit-making economic activities and those with solidarity objectives, contributing to greater legal certainty for all stakeholders involved. It is crucial for associations and law firms to adapt to this interpretation to ensure proper access to the benefits provided by law.