President sends back Law on Advocacy to Parliament for reexamination

President Maia Sandu will send back to Parliament the amendments made to the Law on Advocacy for reexamination. Thus, the new Parliament is to review the project in dialogue with professionals in the field, civil society, and European partners and come back with a law that ensures the independence of the profession.

The head of state emphasized that the amendments made to the Law on Advocacy, in the form adopted by Parliament, do not offer sufficient solutions to the systemic problems of the legal profession.

“I am referring to those related to integrity, transparency, meritocracy, and the effective ensuring of citizens' access to justice. Today, the institution is perceived as rigid in the face of necessary reforms (modern standards of transparency, optimization of internal commissions, digitalization, etc.). But even more seriously, the institution is inert with respect to the actions of lawyers who illegally influence court decisions, engage in influence peddling, or are even part of criminal groups. A serious reform means the institutional modernization of the Bar Association to ensure more transparency, efficiency, and respect for the rule of law, to promote meritocracy and equal opportunities in entering the profession, as well as to strengthen a functional and impartial system of professional ethics and deontology. The independence of the profession must go hand in hand with responsibility and integrity,” stated Maia Sandu.

Additionally, the president mentioned that the legal profession is an essential component of the rule of law, which must operate with responsibility towards the justice system and citizens.

“For these reasons, I have decided to send the law to Parliament for reexamination. I expect the new Parliament to review the project in dialogue with professionals in the field, civil society, and European partners, and to return with a law ensuring both the independence of the profession and the resolution of the issues mentioned above, so that the legal profession contributes to the observance of the law and the strengthening of trust in justice,” said Maia Sandu.

The Bar Association declared a strike in protest against the amendments to the Law on Advocacy adopted on July 11 by Parliament. It made a public appeal requesting President Maia Sandu not to sign the amendments adopted by the parliament.

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

At the same time, the second amendment involves the inclusion in the licensing and disciplinary commissions of the Bar Association of representatives appointed by Minister of Justice, as well as representatives from academic circles or civil society, to increase objectivity.