Discussions on amendments to Law on legal practice held at Moldovan government

Discussions on recent amendments to the Law on Legal Practice today were held at the Ministry of Justice. The participants in the meeting noted that "the amendments made by the parliament do not affect the practice of law, but relate exclusively to internal organizational aspects in the bodies of the Union of Lawyers of Moldova (UAM)."

The meeting was attended by representatives of parliament, the President's Office, the Union of Lawyers of Moldova, the National Council for State Guaranteed Legal Assistance (CNAJGS) and the Ministry of Justice.

The discussions focused on the content of the amendments, the goal of the authors following the promotion of legislative amendments, the lawyers' perspective on them, and the measures that can be applied to manage the situation, so that citizens' rights and freedoms are not affected.

Thus, representatives of the Ministry of Justice emphasized that, in recent years, the guarantees provided to the legal profession had been strengthened through amendments to the special law and the Penal Code, as well as through the signing of the European Convention on the Protection of Lawyers.

"The common goal stays the practicing of law at the highest standards of professionalism and quality. In the current context, it is essential that solutions are identified through dialogue and consensus, so that citizens benefit from fair and functional justice," said the Ministry of Justice.

At the same time, the MPs present at the meeting said that the amendments were made "to bring a different perspective and a new vision in the commissions, as well as to enhance the transparency in accessing the profession and disciplinary procedures."

Also, representatives of the lawyers expressed their openness "to take measures that would contribute to improving the work of the field."

The participants in the discussions noted that the amendments made by parliament did not affect the practice of law, but related exclusively to internal organizational aspects in the UAM bodies.

"These amendments aim to address challenges signaled by citizens, such as the perception of fees when examining complaints regarding disciplinary offenses, practices that could limit access to justice," emphasized the Ministry of Justice.

Participants in the meeting also said that some proposals, such as diversifying the composition of commissions with lay members, who are not officials or political figures, without the mandates being renewed, are found in the practice of other countries.

"Decisions in these commissions will continue to be made by the majority of lawyers (8 out of 11 members). Other provisions included in the amendments are to be further analyzed and, if necessary, improved. Also, the recent legislative changes will not have an immediate effect, allowing for additional consultations and possibly adjusting the regulations," stated the Ministry of Justice.

Also, according to the Ministry of Justice, a particular subject addressed was the decision of the Union of Lawyers' Council to impose mandatory participation of lawyers in the strike, under the sanction of disciplinary measures.

"CNAJGS representatives reported the risk of potential blockages that could arise from the lawyers' strike, particularly regarding access of vulnerable persons to state-guaranteed legal assistance and the work of the legal bodies. The ministry's leadership suggested reviewing aspects in points 4-6 of the council's decision, emphasizing that the freedom of choice, protection of the public interest, and functioning of the justice system must prevail," the Ministry of Justice stressed.

The sides agreed on the need to continue consultations in a working group, which should include representatives of parliament and UAM, in order to identify legislative solutions due to meet the realities of the system and public interest.

The Union of Lawyers declared a strike in protest against the amendments to the Law on Legal Practice adopted by the parliament on July 11. The strike is expected to start on July 15 and end on July 25.

The first amendment concerns the introduction of a three-year ban for lawyers who have held positions in the internal commissions of the Union of Lawyers from reoccupying these positions, in order to prevent influence and ensure staff rotation.

At the same time, the second amendment targets the inclusion of representatives appointed by the Minister of Justice, as well as representatives from academic circles or civil society, in the licensing and disciplinary commissions of the Union of Lawyers, in order to enhance objectivity.

The Union of Lawyers made a public call, asking President Maia Sandu not to sign this law.