CCBE supports the Georgian Bar Association’s proposed reforms

September 14th, 2017 § 0 comments § permalink

The CCBE addressed a letter to the Georgian Parliament in which it expressed its full support to the reforms proposed by the Georgian Bar Association. The CCBE urged the Parliament to take forward the following proposals:

(-) To end the existing prohibition of the Bar President to practice

A CCBE survey in 2015, showed that in none of the responding countries (23), the Bar President was prohibited from practicing. Bars and Law Societies consider it crucial that their presidents are practicing lawyers as they are aware through their daily practice about the prevailing issues that the profession is facing. Prohibiting a Bar President to practice would constitute a real economic risk as the he/she might loose his/her client base during tenure. The matter is traditionally part of the self-regulatory competences of the bars and law societies.

(-) To provide for a comprehensive framework for the internship programme

According to the proposals of the Georgian Bar Association, future lawyers would have to follow three months of training at the High School of Advocates which includes courses on legal skills, management skills, as well as other professional skills which are important to the practice of the profession. The trainee lawyers would then need to carry out nine months of practical training in a law firm, supervised by a lawyer. Trainee lawyers will need to observe the standards of professional conduct of the Georgian Bar during their internship. The CCBE believes that the proposed reform will greatly contribute to further a high standard of legal training and professional competence. They take account of the CCBE Training Outcomes for European Lawyers of 2007.

The CCBE letter can be downloaded here.

Poland: Independence of the judiciary – EC takes second step in infringement procedure against Poland

September 13th, 2017 § 0 comments § permalink

Please read for the details the press release of the European Commission of 12/09.

European Commission acts to preserve the rule of law in Poland

July 26th, 2017 § 0 comments § permalink

Brussels, 26 July 2017 – Press release of the European Commission

The Commission substantiates its grave concerns on the planned reform of the judiciary in Poland in a Rule of Law Recommendation addressed to the Polish authorities. In the Commission’s assessment, this reform amplifies the systemic threat to the rule of law in Poland already identified in the rule of law procedure started by the Commission in January 2016. The Commission requests the Polish authorities to address these problems within one month. The Commission asks the Polish authorities notably not to take any measure to dismiss or force the retirement of Supreme Court judges. If such a measure is taken, the Commission stands ready to immediately trigger the Article 7(1) procedure[1] – a formal warning by the EU that can be issued by four fifths of the Member States in the Council of Ministers…

Continue to read here the full press release of the European Commission.

Poland: President will not sign Act on the Supreme Court and Act on the National Council of the Judiciary

July 25th, 2017 § 0 comments § permalink

On 24 July 2017, the President of the Republic of Poland declared that he will veto the bills on the Supreme Court and on the National Council of the Judiciary. However, the Act amending the Law on the Common Courts Organisation will be signed. Read more here.

Poland: CCBE expresses serious concerns over recent Acts on the judiciary

July 20th, 2017 § 0 comments § permalink

On 18 July 2017, the President of the CCBE addressed a letter to the President of the Republic of Poland expressing the CCBE’s concerns about the amendments adopted to the Polish Act on the National Council of the Judiciary and the Act amending the Law on Common Courts Organisation, as well as the new draft Act on the Supreme Court which the Polish Parliament received.

The CCBE points out that:

– The amendment to the Act of the National Council of the Judiciary gives a substantial role to politicians in the selection and appointment of judges, which contravenes the constitutional principle of independence of the judiciary.

– The Act amending the Law on the Common Courts Organisation – which changes the rules of appointing and recalling presidents of courts – increases the authority of the Minister of Justice by enabling the Minister to arbitrarily recall all the presidents of courts in Poland during their term of office.

– The draft Act on the Supreme Court foresees that all judges of the Supreme Court (save for those designated by the Minister of Justice) will retire immediately upon when the said Act enters into force.

The CCBE calls upon the President of the Republic of Poland to use the right of veto and to refuse to sign the above-mentioned amendments, as they are threatening the autonomy and independence of the judiciary.

Read the CCBE letter here.

The European Commission also discussed the latest developments with regard to the Polish judiciary and related legislative acts. In the Commission’s view “If implemented in their current form, these laws would have a very significant negative impact on the independence of the judiciary and would increase the systemic threat to the rule of law in Poland.” On 19 July 2017, the College of Commissioners held a first in-depth discussion on these new developments, expressed its serious concerns, and looked into the legal and political options available to the Commission to act upon these concerns. The Commission will revert again to this matter next week. For more information, click here.

Western Balkans: Criminal Law Reform Assessment Report, 2016

June 15th, 2017 § 0 comments § permalink

Introduction to the Assessment Report:

The Assessment Report presented in this publication was produced as a result of the Criminal Law Reform Project (CLRP), implemented from July 2015 to September 2016, by the Bar Association of Serbia in partnership with the National Chamber of Advocacy of Albania, Bar Association of Federation of Bosnia and Herzegovina (FBiH), Kosovo Bar Association and Macedonia Bar Association, as well as the civil society organization Partners for Democratic Change Serbia. (…)

It addresses the main problems defense advocates and their clients face in criminal proceedings in the Region. It further compares legal frameworks and practices in these systems and refers to international standards in that regard. The Report recommends changes to the respective provisions and practices that would enable better protection of rights of the accused and provide conditions for guaranteeing the right to a fair trial in criminal proceedings. Therefore, this report represents a useful advocacy tool for the bar chambers in the Region in their future advocacy efforts for reform of criminal proceedings. (…)

The Report can be downloaded here.

Violations of lawyers’ rights in Georgia

May 2nd, 2017 § 0 comments § permalink

On 26 April the CCBE addressed a letter to several authorities in Georgia regarding cases of violations of lawyer’s rights. The letter is based on reports from the Georgian Bar Association detailing circumstances in which lawyers were abused while discharging their functions and harassed or intimidated while defending their clients. The CCBE shared the concerns of the Georgian Bar Association and stands by their call to the Georgian Parliament to tackle the ongoing attacks against lawyers. Read the full letter here.

‘Defence of the defenders’ letters to Ukraine and Bosnia and Herzegovina

March 28th, 2017 § 0 comments § permalink

The CCBE addressed two letters of concern to authorities in Ukraine and Bosnia and Herzegovina. On 28 February, the CCBE sent a letter regarding physical attacks on lawyers in Bosnia and Herzegovina. On 16 March, another letter was sent to Ukraine, concerning the killings of lawyers Tetyana Popova and Valery Rybalchenko.

Comparative Analysis of Bar Associations in Select European Jurisdictions

March 10th, 2017 § 0 comments § permalink

The Report ‘Comparative Analysis of Bar Associations and Law Societies in Select European Jurisdictions’, completed by a World Bank team in coordination with experts, amongst which also the CCBE, is published on the website of the Multi Donor Trust Fund for Justice Sector Support. The report looks at 10 distinct countries’ Bars and Law Societies and analyses their role, structure and responsibilities. It aims to provide comparative information for justice reform activities. The covered national jurisdictions are: Albania, Austria, Bulgaria, Croatia, Czech Republic, England and Wales, Lithuania, the Netherlands, Serbia and Spain.

Ukraine- Independence and self-regulation of the Bar

February 3rd, 2017 § 0 comments § permalink

On Thursday, 02 February 2017, the CCBE sent a letter to the President of Ukraine, to the Speaker of the Verkhovna Rada of Ukraine and to the Chair of the parliamentary Justice Committee, in which the CCBE emphasises the importance that the state must respect the independence and the self-regulation principles applying to the legal profession, also in regard to the right of the bars to set their own membership fees. Read full letter here.