Members of the Lawyers Union of Moldova criticize the legislative initiative that allows the MPs to become lawyers without taking the bar exam and say this is used by a group of lawmakers to institute a special, favored regime of admission to the bar. Members of the Union’s Council demand that the lawmakers should withdraw this initiative and should discuss the bill to amend the Law on Advocacy drafted by the Ministry of Justice and the Lawyers Union, which was consulted with the Council of Europe. Otherwise, the actions taken by the MPs in this regard will be classed as interference in the bar. Moreover, the lawyers will mount protests.
In a news conference at IPN, Nina Lozan, president of the Lawyers Union of Moldova, said the Law on Advocacy indeed needs to be modified and a bill to amend it was drafted by the Ministry of Justice, in partnership with the Union and in coordination with the Council of Europe, in 2014-2016. This contains proposals that will ensure the proper functioning of the bar and enhancement of the quality of lawyers’ services. The bill was approved by the Government and endorsed by all the state institutions. In May 2016, the draft law was registered in Parliament, but now gathers dust in MPs’ folders. The lawyers are very disappointed with the fact that the legislature ignores this important work, but discusses another bill that directly impinges on the principles of advocacy, without any analysis and appraisal.
Lawyer Iurie Margineanu stated that the initiative of the group of MPs is noxious mainly because the lawmakers want to be admitted to the bar through the backdoor, bypassing thus the rigors of advocacy. It would be more efficient if the legislative body devoted more attention to existing problems, including the lack of regulations that would ensure the implementation of the Constitution’s provisions concerning the punishment by law of interference in the work of defending lawyers and it is regrettable that these provisions cannot be yet applied.
Lawyer Ion Dron said this bill promoted by the MPs will seriously affect the quality of services provided by the Union of Lawyers. “The authors of this bill are trying to convince us that anyone can become a lawyer. They actually try to convince us that those who get onto a trolleybus can automatically become drivers. But this is not so. Those who want to practice law must have particular abilities and qualities that are tested in the bar exam. The MPs want to skip this exam,” he stated.
Boris Likii, dean of the Balti Bar of the Lawyers Union, said these provisions run counter to the national legislation and the international legislation and practices. Their adoption will set a precedent that does not exist in the EU member states as persons without the necessary professional training will be able to work as lawyers. Moreover, such an amendment will generate the danger of discrediting one of the main rule of law principles – qualified assistance offered to a person for defending his rights.
