AVOCATURA – PROFESIE LIBERALĂ ÎN SPAȚIUL JURIDIC EUROPEAN – STATUTUL, CARIERA, LIMITELE ȘI ÎNGRĂDIRILE EXERCITĂRII PROFESIEI DE AVOCAT
THE LEGAL PROFESSION – A LIBERAL PROFESSION IN THE EUROPEAN JUDICIAL AREA – THE STATUS, CAREER, LIMITS AND LIMITATIONS OF THE LEGAL PROFESSION

Summary/Abstract: The lawyer is an actual participant and not a simple auxiliary of the judicial trial, ensuring the exercise of the fundamental rights guaranteed to the parties and defending their interests. Without the legal profession, as a liberal profession, justice cannot be achieved and, in this respect, there is a large European, constitutional and judicial case law, as well as the case law of the Strasbourg and Luxembourg Courts. Although there is no uniform European code of the legal profession, the E.C. Report – 2008 describes the status of the legal profession in the Council of Europe’s Member States, and the ECHR and the Luxembourg Court of Justice case law marks the strategic lines of exercising this liberal profession. Nevertheless, a recent directive of the E.P. and the E.C., „ratified” by the Court of Justice, affected severely the freedom to exercise the legal profession and the fundamental rights to a fair trial and to defense.

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