The National Union of Bars of Romania (UNBR) expresses its “deep concern” over the recent amendments to the Law on the Bar in the Republic of Moldova and condemns their adoption without prior consultation.
“The legal profession is an essential pillar of the rule of law, and its autonomy is not negotiable nor subordinated to political interests,” reads a statement sent by UNBR.
According to the organization, the legislative amendments regarding the structure of self-governing bodies, the prohibition of successive mandates, disciplinary mechanisms and access to representative positions, “adopted in a manner lacking transparency”, undermine the fundamental principles of a free legal profession and represent “an attack on democracy and the fundamental rights of citizens”.
UNBR reminds the authorities in Chisinau that the UN Basic Principles on the Role of Lawyers provide in Article 16 that: “Governments shall ensure that lawyers are able to perform all their professional functions without intimidation, hindrance, harassment or improper interference.” At the same time, the Council of Europe Convention for the Protection of the Profession of Lawyers establishes in Article 4 that professional associations must be consulted “in a timely and effective manner” in the event of any legislative changes that directly affect the work of lawyers.
“It is incomprehensible how a state in the midst of accession to the European Union can adopt such changes with a systemic impact on the legal profession, without correlation with European legislation and without drawing inspiration from the good practices of the member states,” the UNBR reaction also states, accusing a “direct interference of the state in the organization of the profession and in disciplinary procedures.”
UNBR expresses its solidarity with the Union of Lawyers of the Republic of Moldova and with all lawyers who “defend their profession and constitutional role with dignity and argument”. The organization recalls that “there can be no fair justice without an independent legal profession” and urges the authorities of the Republic of Moldova “to return to institutional dialogue, respect the principles of public consultation and avoid any form of interference”.
“Solidarity knows no borders. Together we defend the profession. Together we defend the rule of law,” UNBR said.
We remind you that lawyers have been on general strike since July 15, after Parliament adopted amendments to the Law on the Bar without consulting lawyers and without respecting legal procedures.
Romanian Lawyers’ Union, in solidarity with lawyers from Moldova: “An attack on the rule of law”
