The National Union of Romanian Bars supports the efforts of Moldovan defenders, who expressed dissatisfaction with the amendment to the law on law – Ziarul de Garda
The National Union of Romanian Bars issued a statement on Tuesday, January 18, informing that it “supports the fight of lawyers in the Republic of Moldova for the independence of the legal profession.” The announcement of the Romanian lawyers comes after several defenders from the Republic of Moldova expressed their indignation at an amendment submitted to the law on law, accusing the proposed amendments of threatening the independence of the lawyer in the exercise of the profession and the independence of the legal profession.
The full message sent by the National Union of Romanian Bars:
The UN Principles on the Role of Lawyers, adopted in Havana in 1990, call on the state to ensure that they never waive absolute guarantees of the independence of the legal profession. The specific document makes it very clear that these conditions apply to any legislation aimed at protecting the interests of national or international security, including public health or intended to combat terrorism, extremism, drug trafficking, corruption, money laundering or transnational organized crime.
In addition, the theme of 2021 proposed by the Council of European Bars and Law Societies | The CCBE refers to the complex background of approaches to the independence of the lawyer and the exposure of the shock generated by the pandemic in the international judicial systems. The most acute problems facing the judiciary and legal systems today are attacks on the independence of lawyers. Threats, intimidation and abuse of lawyers in the new social context have alerted European and international professional bodies, who know that in a democratic society there can be no justice without protecting the independence of lawyers.
Our profession has never faced so many changes that act simultaneously: economic and health crisis, impoverishment of part of the workforce, globalized competition, competition from other professions.
In recent years, especially in Europe, there has been a tendency to restrict citizens’ rights and freedoms and to strengthen state authority to the detriment of the citizen. They tend to change the democratic balance that, all over the world, is based on the relationship between state power and individual freedom.
In order for the lawyer to be able to exercise his full confidence and professional independence, in order for his actions to be consistent and effective, it is necessary that his activity not be confused with that of the client and to fully benefit from the status conferred by the Principles of Havana.
In this context, UNBR supports the efforts of the Moldovan confreres to defend the profession and maintain the independence of lawyers, assuring them of our full professional solidarity.
The Union of Lawyers of the Republic of Moldova (UAM) is going on a Japanese strike starting today, in protest against the amendment to the Law on Advocacy, which stipulates that, for detention, forcible arrest, arrest or search of a lawyer in case of committing some. The prior consent of the Bar Council will no longer be required. Details here
With the declaration of the Japanese strike for the period January 18-19, by wearing a white banner on his left arm, the UAM representatives asked the Parliament to withdraw the amendment submitted in the next two days, and if the Legislature does not admit the address, UARM announces that declares a general strike for the period January 20 – January 24, 2022, with the total status of the activity of lawyer, including the activity of lawyers within the system of legal aid guaranteed by the state.
On December 22, the chair of the Committee on Legal Affairs, Appointments and Immunities, Olesea Stamate, submitted an amendment to the draft law on amending the Law on Law. The fine provides for the exclusion of paragraph 2 of Article 52 of the Law on Advocacy, which reads as follows: “The lawyer may not be detained, subjected to coercion, arrested, searched without the prior consent of the Bar Council, except in flagrante delicto.”
The proposed amendment provides that the prior consent of the Bar Council will no longer be required for the detention, coercion, arrest or search of a lawyer in the case of criminal offenses.
In a comment to ZdG, the chair of Parliament’s Committee on Legal Affairs, Appointments and Immunities, Olesea Stamate, said that the exclusion of the Bar Council’s agreement to detain lawyers in criminal proceedings was necessary for a more effective fight against corruption. At the same time, she told Ziarul de Garda that the project could be reviewed, in this sense “functional immunity” of lawyers to be excluded only for corruption cases.
The taking over of the texts from the page www.zdg.md is done within the maximum limit of 1000 signs. Mandatory, in the case of web pages, IN THE LEAD, you must also indicate direct link to the taken article, and in the text, at least one more hyperlink to the primary source. Media outlets that take articles or images for TV or radio shows will cite the source, and print editions will indicate the source and author of the information. The materials on www.zdg.md are protected by Law 139 on copyright and related rights, including the Code of Ethics for Journalists in the Republic of Moldova. The complete takeover of the ZdG materials can be done only under the conditions of a prior agreement with the editorial office.
