Center for Analysis and Prevention of Corruption
has made the corruption proofing of draft law for theamendment and supplementing of certain Legislative Acts( Act XV nr.1260 on law, the Code of Civil
Procedure, Criminal Code), developed by the Ministry of Justice.
According to project's notes, it aims to
strengthen the advocacy institution, through revision of nr.1260-XV on law and
other regulations (Code of Civil Procedure, Criminal Code), for changing the
overall vision of the role of advocacy and the profession of lawyer. In preparing proposals to amend
the legislation to take account of Recommendation No. (2000) 21 of the Committee of Ministers of
the Council of Europe on freedom to exercise the profession of lawyer,which establishes the principles to
in a state of law, and the Council of Europe expert recommendations
made in the law advocacy.
Basic innovations of this project are: to change
the system of organization of advocacy by the formation of regional bar
associations, the introduction of the examination for admission to training,
extend the deadline for making up to 2 years training period, the introduction
of compulsory training courses - initial and continuous introduction criminal
liability for carrying on activities without license or authorization required
to conduct such activities, excluding institution representation in civil
In the expert report, Center for Analysis and Prevention of Corruption has
indicated, that through placing the draft law on the website of the Ministry of Justice has been
preserved the decisional transparency, and information note contains a
sufficient justification to promote the bill, except the following amendments:
proposed changes to Article 9 paragraph. (1) relating to disqualification of a
lawyer to pursue other paid employment, order the trainees lawyers, as well as
those licensed to attend professional training (information note does not
provide any clarity on how to organize and conduct such training courses); affording
the State Registration Chamber the power to register the offices of lawyers, criminalization of the exercise
without the right to a profession or activity.
Meanwhile, CAPC recommended: examining the
possibility of framing the rule which criminalizes activities of execution without the right to a
profession or business in contraventional code and not the criminal,
eliminating the incompatibility to execute the education activity for lawyers.
In conclusion, the Center for Analysis and
Prevention of Corruption has shown that the project is not affected by the
presence of corrupt elements and its adoption taking into consideration the objections set can
contribute to reform and strengthen the advocacy institution.