Независност адвокатуре у Републици Српској
The Independence of Lawyers in the Republic of Srpska

Author(s): Igor Milinković
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Rule of law; Lawyers' independence; International standards; Disciplinary liability of lawyers;
Summary/Abstract: Although in discussions regarding the establishment (strengthening) of the democratic order and the rule of law system, usually, the importance of an independent judiciary is emphasized, an important role within this process belongs to the lawyers’ profession and the protection of its independent position. By securing their clients a voice and providing the necessary legal aid, lawyers strongly contribute to human rights protection and the rule of law realization within an order. In order to secure the realization of the above-mentioned role, lawyers’ independence has to be protected. In the first part of the article, various meanings of lawyers’ independence will be pointed out. The political meaning of this notion will be accentuated(lawyers’ independence from government domination, whose arbitrary dealings an independent legal profession should confine). After that, the relevant international standards regarding the lawyers’ independence will be analyzed, as well as some of the solutions accepted in the comparative legislation. Finally, the new solutions introduced by the Law on Amendments and Addition to the RS Bar Law will be analyzed in the light of the above mentioned standards. The new legislative solutions are intended to improve the bar’s independence by decreasing the influence of the executive power on the disciplinary proceedings.

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