In a phase of doubts and evolution of the counselor profession and its regulatory framework, many are wondering about the situation. The general secretary of  AssoCounseling, dr. Tommaso Valleri gladly answered our questions in an articulate way.

Cristina Volpi Editor

What is the regulatory and legislative framework in which the counselor in Italy operates today?

Counseling is not, to date, a regulated profession in Italy. This means that the State has not defined neither the educational nor the access criteria. To make up for this lack, the professional trade associations, within a framework referring to the so-called accreditation model of the professions, have established a sort of self-regulation. In 2013, the Italian Parliament passed Law No. 4 (provisions on non-organized professions) which, substantially, while not directly recognizing the profession, establishes that from now on, in the Italian legal system, two different ones can coexist types of professions: those regulated (organized in Orders or Colleges) and those not regulated (organized in professional trade associations). The law also defines what should be the characteristics of an association, reiterating however that membership by professionals remains totally voluntary and that, moreover, no association can boast the so-called exclusivity constraint in representing a profession.

Is there an identity between "counselor" and "counseling activity"? That is, can it be said that the counselor graduated from a special school - and only he - can do counseling activities?

No, at the moment there is no such identity as an unregulated profession, by definition, can be exercised by anyone. However, two central themes remain open to me: the first is that of individual ethics, the second is that of Italian jurisprudence which is rapidly evolving.

Regarding the first point, the most obvious question is: why should someone practice a profession for which they are not trained and prepared? Also in consideration of the legal implications that this entails: although there is no regulatory law (as for doctors, lawyers or accountants), everyone is still responsible for any damage caused.

With regard to the second point, it should be noted that the most recent case law tends to evaluate differently a professional "improvised" by a professional who, although not regulated, exercises a profession following specific training, responding to established guidelines and ethical codes by reference associations and undergoing constant evaluation ongoingregarding their work and skills.

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