Moldovan justice ministry proposes two solutions amid strike announced by Lawyers' Union

The Justice Ministry proposes two solutions, in the context of the strike announced by the Lawyers' Union of Moldova (UAM), following the adoption by parliament of amendments to the Law on Advocacy.

Justice Minister Veronica Mihailov-Moraru emphasized that she presented the presidential institution with the results of discussions with lawyers held at the Ministry of Justice on July 14, after which several solutions were identified.

"One option was for this law to be promulgated and the amendments to be made by the next legislature, while the second would be non-promulgation and continuing discussions in a working group," said Veronica Mihailov-Moraru.

She said that the Justice Ministry o had organized consultations on the subject and facilitated the dialogue between lawyers and authorities, in order to discuss existing grievances and solutions for overcoming the situation.

"As a result of discussions with representatives of the Lawyers' Union, several exceptions were included, so that the legal assistance is provided in urgent cases: detention, arrest, minors, domestic violence. Additionally, the decision to declare the strike was partially revised by excluding provisions regarding the obligation for lawyers to participate in the strike under threat of disciplinary sanctions. Participation in the strike is a right, not an obligation. Each lawyer must decide on this matter. Also, we should not jeopardize the proper work of the justice system, nor the defense of citizens' rights and freedoms," said Veronica Mihailov-Moraru.

The minister added that, on July 15, the situation in the field had been stable, and urgent legal assistance cases were covered.

"In other pre-planned cases, procedural actions and court hearings were postponed by lawyers, citing participation in the general strike," Veronica Mihailov-Moraru noted.

The official reiterated that the Justice Ministry was open to continuing the dialogue between lawyers and authorities, in order to overcome this situation.

"We respect lawyers' right to disagree with certain amendments to the Law on Advocacy; however, this disagreement should not endanger the work of the judicial system, and citizens' rights must be defended in court. I am confident that through continued dialogue, all disagreements can be overcome," added Veronica Mihailov-Moraru.

The Lawyers' Union declared a strike in protest against amendments to the Law on Advocacy adopted by parliament on July 11. The strike was announced for the period of July 15 - 25.

The first amendment introduces a three-year ban for lawyers who have held positions in the Union's internal committees from reoccupying these positions, in order to prevent influence and ensure staff rotation.

At the same time, the second amendment involves 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 committees of the Lawyers' Union, in order to enhance objectivity.

At the same time, the Lawyers' Union made a public a call urging President Maia  Sandu not to sign this law. The spokesman for the Presidency, Igor Zaharov, said  that "the draft law was received on July 14, and the head of state has 14 days to consider the document." Subsequently, the decision will be communicated publicly.