THE LAWYER - BETWEEN THE STATUTE OF LIBERAL PROFESSION AND THE NORMATIVE LIMITATIONS

Daniela Valea ()

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2016, vol. 67, 101-114

Abstract: : It is too simplistic to say that, traditionally, the legal profession is placed within the “free” or “liberal” professions, exercised solely based on an inherent statute and without “a chief”. Normative, statutory or deontological limitations have been outlined even from the moment the lawyer started to impose as a law practitioner. In Romania, the legal profession enjoys a certain tradition, and acquired professional status starting with 1864. Currently, the core legislation consists of the Law no. 51/1995 on the organization and practice of the lawyer profession, with the subsequent amendments and supplements, the Statute of profession, approved by Decision no. 64 of 2011 of the National Association of Romanian Bars with the subsequent amendments and the Lawyers’ Code of Ethics in the European Union adopted in the plenary session on 28 October 1998 and subsequently amended in the plenary sessions of the Council of Bars and Law Societies of European (CCBE) on 28 November 1998, 6 December 2002 and 19 May 2006. The delineation of the current statute of the lawyers’ profession is circumscribed, whether we like it or not, by other regulatory texts such as the Fiscal Code and the Fiscal Procedure Code, the Civil Code and the Civil Procedure Code, even the Criminal Code and the Criminal Procedure Code etc. This article contains an overview of the current statute of the legal profession, the way it is outlined (or “influenced”) by regulations (statutory or normative), but also by the Constitutional Court of Romania case law.

Keywords: lawyer; statute; liberal profession; Constitutional Court case law. (search for similar items in EconPapers)
JEL-codes: K00 (search for similar items in EconPapers)
Date: 2016
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