The Union of Lawyers of the Republic of Moldova calls on President Maia Sandu not to promulgate amendments to the Law on Lawyers. According to the Council of the Union, an amendment proposed by MP Efimia Bandalac and passed by the Parliament undermines the independence, freedom and autonomy of the legal profession, IPN reports.
The amendments, in the version approved by the Government, were supported by the Union of Lawyers. But the advocates contest the amendment in the second reading. “In an illogical manner, a bar association of lawyers is abolished, the term of office of the Union of Lawyers’ committees is reduced, lawyers are banned from running for self-administration bodies, and their deans are banned from being elected for a new term”, reads the petition signed by the president of the institution, Dorin Popescu.
According to the cited source, this amendment admits an inadmissible interference in the right of lawyers, as members of a professional community, to elect and be elected. “The presence of the state in the self-governing bodies of a free profession, such as the legal profession, irremediably undermines the independence of this profession and weakens the rule of law,” the statement said.
Two other changes promoted by the same amendment – namely, the prohibition of holding successive mandates in a given position within the bodies of the administration of the legal profession and the exclusion of the right of lawyers to elect their bar deans for two consecutive terms – represent “a serious attack on a constitutional right”, lawyers say.
The Lawyers’ Union accuses that the amendment was approved and voted on without consulting the representatives of the profession, which constitutes a serious violation of the principles of transparency in the decision-making process. “Changes to the structure, functioning or autonomy of the legal profession cannot be imposed unilaterally. Democratic legitimacy means not only compliance with the legislative procedure, but also the rational and reasonable acceptance of those concerned,” the petition addressed to the head of state states.
The defenders ask Maia Sandu not to sign the draft in order to give “the possibility to re-establish and respect the constitutional principles, the legal framework and a transparent consultation procedure with the Lawyers’ Union”.
