ECHR: refusal of the Lithuanian Bar Association to readmit advocate V. Lekavičienė to the Bar had been justified

July 11th, 2017 § 0 comments

Vladislava Ramunė Lekavičienė was admitted to the Lithuanian Bar Association as an advocate until December 2003, when her name had been removed  from the list of practicing advocates due to a pending criminal case against her. In August 2004, Ms Lekavičienė was convicted of over thirty instances of forgery and fraud, relating to untruthful claims that she had provided legal services within the framework of the State-paid legal-aid scheme.

In August 2007, after the expiration of her conviction, she requested readmission to the Lithuanian Bar Association. The Bar refused her request on the grounds that she did not possess the requisite high moral character.

After exhaustion of the domestic courts Ms Lekavičienė appealed the refusal before the European Court of Human Rights, claiming that it violates Article 8 (right to respect for private and family life) of the European Convention on Human Rights.

On 27 June 2017, the European Court of Human Rights held, unanimously, that there had been no violation of Article 8 of the Convention. The Court acknowledged that the refusal to accept Ms Lekavičienė to the Bar constituted an interference with her right to respect for her private life. The Court found, however, that the interference had been justified, as it had not exceeded “what had been “necessary in a democratic society” for protecting the rights of others by ensuring the good and proper functioning of the judicial system.” The Court states, inter alia, that “it is not unreasonable to hold that the application’s behaviour when systematically cheating the court system and the State out of sums of money also showed her disrespect for her colleagues and peers, thus undermining the entire ideal of justice. The Court therefore inclines to the view that the reasons given by the Court of Appeal and the Supreme Court not to hold the applicant as being of high moral character (…).

Read the judgement here.

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