Future Moldovan lawyers discontented with mark given by licencing commission to be able to contest result in court

Chisinau, 6 July /MOLDPRES/ - The Constitutional Court (CCM) has declared as unconstitutional a provision of the law on acceding to the profession of lawyer. Under the CCM ruling, the jurists willing to accede to the profession of lawyer, but disagree with the mark given by the Commission for licencing the profession of lawyer, will have right to contest it in court.     

In particular, the Court declared unconstitutional the text “as regards the procedure of organization of examinations. The mark given cannot be contested” from the Article 43 of the Law No 1260 from 19 July 2002 on the profession of lawyer.

The notification was submitted to the Court by a man who is party in a file which has at its basis an action formulated by this man against the Lawyers’ Union of Moldova and the commission of licencing the profession of lawyer. By his action, the man demanded the ascertaining of infringements committed by the Commission for licencing the profession of lawyer and cancellation of some items by a decision of this Commission on the refusal of his admission to the profession of lawyer. In his opinion, the provisions of the law on the profession of lawyer refer to the admission to the profession of lawyer and the impossibility of contesting the result of the examination are unforeseeable and limit the right to accede to the profession of lawyer.  

Following the consideration of the notification, the CCM magistrates found out that, so far, the legislation had allowed contesting the Commission’s decision only in the part dealing with the procedure.

According to the Constitutional Court, in so far as issues of the fundamental rights of the person are raised, which are allegedly infringed through the adoption of decisions by the Commission for licencing, the administrative courts must carry out a control due to ensure efficient protection of these rights, in accordance with the Constitution, with the jurisprudence of the Constitutional Court, with the European Convention and the jurisprudence of the European Court. Instead, if no theoretical problems are raised on the standards established and the points given by the Commission for licencing, the administrative courts should not replace their vision by the one of the Commission for licencing, but should verify only if the Commission’s decision is reasonable.      

This ruling is final, cannot be subjected to any appeal, enters into force on the date of adoption and is published in the Official Journal of Moldova.

(Reporter A. Zara, editor L. Alcaza)