A candidate for the Bar, Dumitru Buliga calls on the lawmakers to amend the Law on Advocacy as, in the current form, it stimulates corruption in the process of organizing exams for assessing candidates for the profession of lawyer.
In a news conference at IPN, Dumitru Buliga said that admission to the Bar is based on written and oral exams organized by the Legal Profession Licensing Commission. If the candidate is rejected, they cannot challenge the commission’s decision in an administrative court because there are no legal provisions in this respect. It’s inadmissible for the challenges to be examined by the same commission as its members will never recognize the committed illegalities.
The commission’s decisions can be challenged in an administrative court only as regards the examination procedure, not yet the exam result. “This is an essential condition encouraging corruption. The current legal provisions hamper the free access to justice, but this runs counter to the Constitution of Moldova. Under the supreme law, no law can limit access to justice,” stated Dumitru Buliga.
He added that no law that runs counter to the Constitution has legal power. “The disorder in the process of admitting candidates to the Bar is determined not necessarily by the human factor from the Licensing Commission, but rather by the imperfect law,” said the candidate for the legal profession.
Dumitru Buliga suggested amending the legislation so that the results of the exams taken by the candidates for the Bar can also be disputed in an administrative court.
