Discussions on the Legal Interdiction on Deputies and Senators Who Are Attorneys at Law to Plead in Front of Courts of Law or Tribunals Cover Image
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Discuții cu privire la interdicția legală a deputaților și a senatorilor avocați de a pleda la judecătorii sau tribunale
Discussions on the Legal Interdiction on Deputies and Senators Who Are Attorneys at Law to Plead in Front of Courts of Law or Tribunals

Author(s): Mihail C. Barbu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: attorney at law having the capacity as a Member of Parliament (senator/deputy); interdiction to plead in the cases judged by courts of law or tribunals; sense of such a legal provision; meaning and sc

Summary/Abstract: The above study makes a detailed analysis on the precise meaning of Art. 821 para. (1) of Law No. 161/2003, according to which “The deputy or senator who, during the exercise of term of office of a member of Parliament, desires to exert the profession of attorney at law may not plead in the cases judged by the courts of law or tribunals, nor may they provide legal services to the prosecutors’ offices attached to such courts of law.”In this context, the author concludes that the legal limitation of the interdiction mentioned only under the “pleading” in front of the courts of law and tribunals (or granting the legal assistance to the prosecutor’s offices attached to such courts of law), since the reasons which imposed the regulation under discussion are identical also in the situation of the cases which are judged by higher courts of law (Courts of Appeal, High Court of Cassation and Justice).

  • Issue Year: 2011
  • Issue No: 10
  • Page Range: 137-143
  • Page Count: 7
  • Language: Romanian