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The Decision Of The Ministry Of Justice On The Establishment Of Rules Of The General Bar Association

Original Language Title: Oikeusministeriön päätös yleisen asianajajayhdistyksen sääntöjen vahvistamisesta

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Decision of the Ministry of Justice laying down the rules of the General Bar Association

See the copyright notice Conditions of use .

The Ministry of Justice is a law on lawyers (446/1958) Article 2 (3), as amended by Law 697/2004,

Confirmed The rules of the General Bar Association are as follows:

General provisions
ARTICLE 1

The Finnish Bar Association, Finlands Advokatförbund, is a lawyer in the Law of 12 December 1958. (446/58) Referred to as the general bar association of the country.

The Association shall be the competent authority referred to in the Directive (98/5/EC) concerning the facilitation of the permanent exercise of the profession of lawyer in a Member State other than that in which the professional qualification was obtained.

The seat of the Federation is Helsinki.

ARTICLE 2

The purpose of the Federation is to:

(1) Maintaining and improving the sense of responsibility and professionalism of its members, as well as the development of the law in the country, in such a way as to ensure that the members of the covenant are well-served, The Bar;

(2) promoting the professional integrity of lawyers and their common professional knowledge; and

3) supervision of the activities of lawyers.

The Alliance will follow legal developments in the country and deliver opinions and initiatives by offering its experience for the benefit of society.

The Association may also set up the necessary funds for its purposes.

ARTICLE 3

The decision-making power of the members of the Union shall be exercised by a delegation whose members are elected in the meetings of the

The affairs of the Union are managed by the government elected by the delegation.

The Federation is divided into departments which each have their own government.

Members shall be entitled to participate in the management of their departments at the meeting of the members who arrive at the meeting.

Members
§ 4

The members of the Federation shall be accepted as members of the Union in the order in which the law and the statutes of the lawyers are laid down.

A Member who is labelled a lawyer's list of lawyers is a lawyer and is entitled to use the professional title of the lawyer.

Article 5b of the Law on Lawyers (1249/1999) To refer to the EU list for a lawyer from another Member State of the European Union (an eu lawyer), who is not a member of the Union, is set out below.

In addition to the members of the Bar, an alliance may be accompanied by a passive member before 31 December 2012.

When these rules talk about a member, it does not mean a passive member.

§ 5

A member may be a member of the law and a person fulfilling the eligibility criteria set out in these rules.

The applicant shall perform or undertake to carry out professional duties in a professional manner and reside in the State of the European Economic Area, unless the government agrees to derogate from the residence requirement. He has come to acquire the necessary skill and practical experience in carrying out the work of a lawyer, acting as a lawyer before becoming a member for a period of at least four years in the field of administration or Comparable to legal training in activities or duties, but at least two years as a lawyer, as a public defender or as a public defender or as an independent lawyer, or in any other activity in which: To a similar extent, he has performed his duties.

An EU lawyer may be admitted, in spite of the fact that he has failed to carry out the study samples provided for in Finland, acquired the practical experience and degree of competence referred to in paragraph 2, or an examination of the bar, when: Three years have passed since the entry into the EU list. He must show that he has been a lawyer in Finland at least for at least that time and presents the government's request for a report on his mandate and his activities.

The provisions of Article 3 (4) of the Law on Lawyers for membership of a person in office do not apply to public legal advisers.

In addition, a lawyer cannot be allowed to practise a lawyer abroad in a country other than the State of the European Economic Area.

ARTICLE 6

The application shall be made by a written application to the Board of Directors, in which the applicant must declare that he accepts these rules. The application shall be accompanied by a statement that the applicant fulfils the conditions laid down in Article 3 of the Law on Lawyers and Article 5 above. In the case of an application for membership of a State or municipality, or any other person in a service based on a position of power, other than a public defender, he shall also provide an explanation of the fact that it is not contrary to his Their duties and the statement made by their superiors on this point.

The Federation Government shall submit an application to the relevant department of the Union, which shall, without delay, give its opinion in writing on whether the applicant complies with Article 3 (1) (1) of the Law on Lawyers and Article 5 (2) thereof. In the second sentence of the article.

§ 7

A lawyer from a Member State of the European Union who is permanently practising a lawyer in Finland, using his original professional title, may register in the EU list. The listing shall be made in writing. The applicant shall present a certificate stating that he is entitled to practise a lawyer in order to facilitate the exercise of the profession of lawyer in a Member State other than that in which the professional qualification was obtained (98/5/EC) In a Member State of the European Union as referred to in the Directive. The certificate shall not be three months older. The Finnish Bar Association shall inform the competent authority of the Member State where the lawyer originates.

The rules laid down in these rules shall apply mutatis mutandis to an EU lawyer.

The EU lawyer shall, in the exercise of the profession of lawyer in Finland, indicate the professional title used in the Member State from which he comes, expressed in the language of that State, by reference to the professional organisation to which he belongs.

§ 8

Any Member who enters into a service within the meaning of Article 3 (4) (1) of the Law on Lawyers, or moves to another, is obliged, if he wishes to continue to act as a lawyer, without delay, without delay To seek the agreement of the Government of the Union under the same article. Such an application shall apply mutatis mutandis to the provisions of Article 6 on the application for membership.

§ 9

The Government of the Union shall, when examining the applications referred to in Articles 6, 7 and 8, obtain any further explanations it deems necessary.

The applicant and the Attorney General shall be informed without delay of the approval.

ARTICLE 10

The retired lawyer shall remain a member of the Bar Association if his application is accepted by the Board of Association. The application shall be submitted to the relevant department of the Union, which shall issue an opinion on the fulfilment of the conditions laid down in Article 9 (6) of the Law on Lawyers.

The list of lawyers shall be entitled 'retired' to the lawyer who has been authorised to do so. In the exercise of the professional title, he/she shall proceed in such a manner that, due to the context or otherwise, he/she cannot reasonably be expected to carry out any further action.

The pension lawyer is exempt from the office, liability for insurance and other legal obligations relating to the pursuit of the profession and the maintenance of professional skills. However, he remains under the supervision provided for in Article 6 (1) of the Law on Lawyers.

Government
ARTICLE 11

The Union's Board of Directors, in which the various parts of the country and each language group must be represented, shall be composed of the President and the Vice-President of the Union and seven other members. Each latter must be a personal alternate. All must be lawyers and be elected at the main spring meeting of the delegation, when their term of office starts.

The term of office of the Chairperson and Deputy Chairperson shall be two years and the term of office of the members of the Board of Directors and their alternates shall be three years. The terms of office of the Chairperson and Deputy Chairperson shall expire at the actual spring meeting of the delegation, and the terms of office of the members and alternates shall expire at the spring meeting of the delegation in the third year following the election.

The President and the Vice-President may be re-elected for a term of office of two or one year. If the Chairperson is elected, the Vice-President shall be elected for the same term of office as the President has been elected.

He who has been a member of the Board for six consecutive years may be re-elected for a term of office only three years after the end of his previous term of office. As far as the above is concerned, as a member of the Board of Directors, a six-year term of office is not precluded from being elected President or Vice-President of the Union.

The President and the Vice-President and other members of the Board and their alternates shall not belong to the Union delegation or to the Supervisory Board.

The government shall, in addition to the Chairperson and the Vice-Chair

(1) two members from the Helsinki Department;

And one member

(2) Turku or Port State Department;

3) From the Häme, Päijät-Häme or Central Finland compartment;

(4) Titles 10, Mikkeli or East Finland; and

(5) From Vaasa, Oulu or Lapland; and

6) representative of Swedish-speaking lawyers.

ARTICLE 12

Where the Chairperson or Vice-Chairperson, another member of the Board of Directors, or any alternate member of the Board, dies or ceases to be a member of the Union, the Board of Directors shall, when it considers it necessary, submit a continuing election in which he shall be replaced by another For the remainder of the term of office.

ARTICLE 13

The Board of Directors shall represent the Union and, in accordance with the rules of the law and the Union, and in accordance with the instructions given by the delegation, take care of its affairs.

In addition, the government has a duty to what is laid down elsewhere in these rules:

(1) maintain the list of lawyers referred to in Article 4 (2) and the EU list referred to in Article 7; and send them annually to the Ministry of Justice;

(2) to ensure that members of the court or other authority, as well as in other activities, fulfil their obligations as lawyers and comply with a good lawyer's practice;

3) to represent the Union in matters of control;

(4) take care of the economic affairs of the Union and its accounts;

(5) issue opinions requested by the Union authorities and make proposals for the adoption of legislative measures necessary for the development of the lawyer's institution or otherwise necessary due to legal developments; and

(6) select the Secretary-General of the Union, the lawyer responsible for the operation of the supervisory authority and other staff.

ARTICLE 14

The name of the Union shall be written by two members of the Board together or by one member of the Board, together with the Secretary-General.

§ 15

The Board of Directors shall meet at the invitation of the Chairperson or, in his absence, at the invitation of the Vice-President, in a place designated by the Board or convened. The Board shall be convened if at least two members of the Board of Directors so require.

An invitation to a board meeting shall be sent no later than seven days before the meeting to be sent to the members of the government.

ARTICLE 16

The Board of Directors shall have a quorum of at least five members.

Cases shall be settled by simple majority. In the event of a tie, the opinion supported by the President wins. However, when it comes to the dismissal of a Member, that opinion will only be won if at least five of the participants are in favour of it. The inescapable nature of the issue of membership of the Union shall be in force as laid down in the aesthetic of the judge.

The Board of Directors may authorise the Secretary-General or the Bureau to manage the day-to-day business of the association defined by it.

Delegation
§ 17

Membership of the delegation shall be composed of a member and a substitute member (departmental quota) of each of the 40 members of the Union's departments. The delegation shall also be composed of the Chairperson and Vice-Chairperson elected by the delegation, which shall not be included in the section quota.

The members of the delegation must be lawyers. The term of office of the members and alternate members selected by the sections shall begin on 1 March of the year in which they are elected and shall continue for three years. He who has been a member of the delegation for six consecutive years may be re-elected for a term of office only three years after the end of his previous term of office. As far as the above is concerned, as a member of the delegation, six years of being elected President or Vice-President shall not be considered as a member of the delegation.

The term of office of the Chairperson and Deputy Chairperson shall begin at the end of the meeting of the outgoing delegation and shall end at the end of the third winter meeting. The President and Vice-President may once again be re-elected.

ARTICLE 18

The actual meetings of the delegation shall be held no later than January (winter meeting) and June (spring meeting).

Winter meeting

(1) elect the chair and vice-president of the delegation to replace those whose term of office ends;

(2) to give an opinion to the Ministry of Justice on the non-judicial members of the Board of Appeal;

3. To present an action plan and a budget, taking into account the provisions of Article 13 (1);

(4) fixes the membership fee and other fees to be paid by members and EU lawyers for the Union's expenditure, as well as the supervisory fee and the membership fee of the passive members;

(5) establish criteria for the payment of travel expenses to participants in the Board of Directors, the Supervisory Board and the delegation of the delegation;

(6) laying down guidelines for the Members' conduct of business;

7. Address the issues raised by the Board of Directors;

(8) shall deal with the proposals made by Members in writing to the Board of Directors at the latest on 15 November preceding the meeting.

Spring meeting

1) to discuss the government report on the activities of the Union and its financial management in the previous year, the audit report and the discharge to the Board of Directors:

(2) members of the Board of Directors shall be elected to replace those whose term of office ends;

(3) elect the lawyer members of the Supervisory Board to replace those whose term of office ends, and to give an opinion to the Ministry of Justice on the non-judicial members of the Supervisory Board;

(4) an audit of the association's accounts and financial management shall be carried out by a single auditor and a deputy auditor, who shall be the KHT auditors. A KHT entity may also be selected as an auditor, in which case the alternate auditor shall not be selected;

(5) laying down guidelines for the Members' conduct of business;

(6) in the case referred to in Article 21 (4) (4) of the Government or in the case referred to in Article 21 (4);

(7) shall deal with the proposals made by Members in writing to the Board of Directors at the latest on 15 April preceding the meeting.

§ 19

The delegation shall meet with its Chairperson or, in his absence, at the invitation of its Vice-President, at the place designated by the delegation or the invitation to convene.

An extraordinary meeting of the delegation shall be held when the Board of Directors considers it necessary or when at least one third of the members of the delegation insist on the right to call it.

An invitation to a delegation meeting shall be sent to the members of the delegation at least two weeks before the meeting. The invitation must also be sent to the departments.

The mission expenses incurred by the delegation to the delegation shall be reimbursed to each of the assets of his or her own department.

§ 20

There shall be a quorum of at least half of its members at the meeting.

Each member of the delegation shall have one vote. Decisions shall be taken by a simple majority, except in the cases referred to in Article 22 (2) and Article 46. In the event of a tie, the President-in-Office will win the vote, except in the election, in which it counts.

ARTICLE 21

The delegation shall have a procedural committee composed of the chairman of the delegation and one member from each of the Union's departments. The department shall appoint a member of the delegation and alternate members each year from its elected representatives. The committee shall be chaired by a member of the Helsinki Department and as Vice-President of the Helsinki Department.

The committee shall meet at the invitation of its chairman. The convening and quorum shall apply mutatis mutandis to the provisions of the delegation, but no notification shall be sent to the departments concerned. In the event of a delegation meeting, the committee may, if necessary, meet immediately without a special meeting invitation.

At the meetings of the Committee on the Rules of Procedure, without the right to vote, the chairmen of the departments and the alternate member of the Committee on the Rules of Procedure selected from the Helsinki Department, even if the full member were present at the meeting.

The committee shall be responsible for:

(1) make a proposal to the delegation as President, Vice-President and other members of the Board of Directors and their alternates;

(2) submit a proposal to the Board of Governors as Chair of the Supervisory Board and as other members of the Bar and as alternate members, as well as a statement to the Ministry of Justice as non-members and alternate members of the Bar;

(3) submit a proposal to the delegation for the chair and vice-chair of the delegation;

(4) shall give an opinion to the delegation on the management of the Union's funds, if the auditor considers that the discharge is not granted to the Board, and when the committee agrees with the opinion refusing the discharge; A presentation of the measures to be taken by the management of the funds; and

5) to address the issues addressed to it by the delegation or the government.

§ 22

The election of the President and Vice-President of the Delegation shall be the candidates proposed by the Committee on Procedure. The members of the delegation shall have the right to propose candidates. The one who gets the most votes is the chosen one.

The election of the President, the Vice-President, the other members of the Board of Directors, the other members of the Board of Directors and their alternates, as well as the members of the Supervisory Board and the members of the Bar and alternate members shall be candidates proposed by the Committee on Procedure, For elected representatives. However, members of the delegation shall be entitled to nominate candidates. If the candidate has not received at least two thirds of the votes cast, the person who has been nominated by the Committee on Procedure shall be deemed to be elected.

Federation Office
ARTICLE 23

The Association shall have an office in Helsinki, the Secretary-General and, in his absence, the Deputy Secretary-General appointed by the Management Committee.

The Secretary-General may be elected only by a lawyer or a lawyer who fulfils the eligibility criteria of the lawyer or, if the board so considers, an appropriate person with his/her training, experience, skill, and personal characteristics.

Federation accounts and their inspection
§ 24

The accounts shall be decided on a calendar year and shall be submitted to the auditor at the latest in March.

The audit report shall be submitted by the auditor before the end of April. The audit report shall give an opinion on the discharge. If the auditor considers that a discharge is not granted to the government, the Secretary-General shall, without delay, inform the Chairman of the Committee on Procedure. The committee shall be convened immediately to decide on the proposals to which the audit report gives rise to.

Federation compartments
ARTICLE 25

The cylinder has the following sections:

(1) the Helsinki Department, with the exception of the province of Uusimaa, with the exception of municipalities belonging to the title of Päijät-Häme;

2) Title of Turku, which includes the Province of Åland and the province of Southwest Finland and the Province of claimants in the municipalities of Jokites, Tammela and Ypäder;

(3) The port department of which the province of the port is located;

4) The Häme Department, whose territory includes the Provinces of Canta-Häme and Pirkanmaa, with the exception of the municipalities of Jokians, Tammela and Yedra.

5) The Päijät-Häme section, which includes the province of Päijät-Häme and the province of Askola, Myrsvillage, Mäntsälä and Pukkila;

6) Tenth division, with the territory of Kymenvalley and Southern Karelia;

7) Mikkeli's compartment, with the territory of South Savo;

(8) East Finland, which covers the provinces of North Savo and Northern Karelia;

9) Central Finland, with the territory of the Province of Central Finland;

10) Title of Vaasa, with the territory of the provinces of Ostrobothnia, South Ostrobothnia and Central Bothnia;

11) Title of the Oulu, with the territory of North Ostrobothnia and Kainuu; and

12) Children's Department with the territory of Lapland.

§ 26

The Member and the EU lawyer shall be part of the department in whose territory he is primarily a lawyer.

If there is any disagreement as to which title a member belongs to, the Union shall decide the matter.

§ 27

Each department must have the rules laid down by the Board of Directors.

The meeting shall have the right to make payments to the members for the execution of the department's expenditure.

The minutes of the meeting of the department and its government shall, within two weeks, send a copy to the Government of the Union.

ARTICLE 28

The decision of the department or its Board of Directors shall be revoked without delay by the Government of the Federation if it is contrary to the interests of the statutes of the association or of the association or of the interests of the Union, or if it imposes an excessive financial burden on the members of the department Burdens.

§ 29

In accordance with the provisions of Article 17, each year, by 15 February each year, the department shall, on the basis of its membership of 31 December of the previous year, select a delegation to replace those whose term of office ends (the compartment quota). EU lawyers, who also have the right to vote at the meetings of the department, shall be included.

The Secretary-General of the Union shall, by 10 January, send to the government of each department a list of the members and EU lawyers concerned in the relevant department.

Payments to the Union
ARTICLE 30

A member and a passive member shall be obliged to carry out the membership fees which the delegation decides. The amount of the fee may be determined independently of the lawyers involved and of the other lawyers employed and the passive and retired members, but it must be equally large for the same group. Self-employed and qualified lawyers may be subdivided into sub-groups according to the criteria adopted by the delegation. In the same sub-group, the fee shall be equal.

An EU lawyer shall be obliged to carry out an annual registration fee of the amount of the delegation. The registration fee shall not exceed the membership fee.

In addition, the Member and the EU lawyer shall be obliged to pay the annual supervisory fee to the union.

ARTICLE 31

If the association has set up the funds referred to in Article 2 (3), the delegation, acting on a proposal from the Board of Directors, may make it compulsory for a member to make payments to the Fund, the size of which shall be fixed by the delegation and shall, accordingly, comply with the membership fee. In accordance with Article 30, it is in force.

ARTICLE 32

In the event of a specific subject, the Government of the Union may exempt a lawyer or a passive member from making partial or total membership fee and the fee referred to in Article 31.

Members' obligations
§ 33

Members shall be honest and conscientious in fulfilling the duties entrusted to him and in all their activities in accordance with the best practice of lawyers and the instructions to be followed by Members

§ 34

The Member shall inform the government of the purpose of the register of lawyers for the purposes of the registration of their postal address, domicile and other information required by the government.

ARTICLE 35

The Member shall be obliged to provide the Board of Directors with all the information required to carry out the checks referred to in Article 13 (2) (2). The Member shall also be obliged to allow a person appointed by a government or a supervisory board to carry out an inspection in his office, when the board considers that it is necessary for the purposes of monitoring its delivery or that the panel deems it necessary in the supervisory process, and To present the documents necessary for the examination of the examination.

Unification of the union
§ 36

When a member or a passive member wants to withdraw from the marriage, he/she must make a written declaration to the government. Payments to the Union shall be made from the date of accession, the supervisory fee for the entire year.

The resignation of a Member shall take effect two months after the date of entry into the Union office of the notice of resignation, unless the government agrees on the application to the effect that the difference enters into force earlier.

ARTICLE 37

If a member or a passive member fails to make a payment to the Union or its department within four weeks after receiving the request, the Government shall have the right to withdraw from the list of lawyers or to establish a passive member Separated from the union.

ARTICLE 38

Any Member who is permanently excluded from the European Economic Area shall cease to be a member of the Union and shall be removed from the list of lawyers unless the government agrees to derogate from the residence requirement.

If a passive member no longer complies with the eligibility criteria referred to in Article 3 (1) (1) of the Law on Lawyers, or if he has committed an act which is liable to reduce the value of the Bar, he or she shall be separated from the union.

Supervisory Board and Supervisory Unit
ARTICLE 39

The control and remuneration policies are handled and prepared in the independent supervisory board and in the control unit, which is governed by the Law on Lawyers, by law and by the State Disciplinary authorities, as provided for in the Law on Legal Aid Offices.

Selection of counsel members of the Supervisory Board
ARTICLE 40

The chairman of the Supervisory Board and the members of the Bar and their individual alternate members shall be elected at the spring meeting of the delegation. Their term of office starts at the beginning of August and lasts for three years.

The selection of the members of the Board of Supervisors shall seek to ensure that the geographical representation of the members of the Supervisory Board is representative of the geographical representation of the members of the Board of Directors. (21/03/2013)

The members of the Supervisory Board may not belong to a delegation or government of the Union.

The members of the Board of Supervisors, which are not represented in the Bar, who do not represent the legal advisers covered by the law on the authorised legal advisers, shall be paid a fee of the Union's own resources, of which the Board of Directors decides.

Procedure in the field of supervision and remuneration
ARTICLE 41

Charges for the treatment of supervision or reward are not charged to the complainant, to the controllers or to the parties. It is not possible to impose an obligation to compensate for the costs incurred by another participant in the procedure.

ARTICLE 42

The termination of membership of a lawyer in the Union in the event of a matter of remuneration does not prevent the proceedings and the adoption of a recommendation.

Miscellieous provisions
ARTICLE 43

The decision to remove the Member from the Union or the EU list as a disciplinary sanction from the list shall be brought to the attention of the members of the Union without delay after the decision has been taken.

ARTICLE 44

Information to Members will be sent by mail to the register of lawyers. Communications may also be transmitted by fax or other electronic data transmission if the Member has indicated that he has the equipment necessary for the receipt of communications. Notices in the cases referred to in Articles 37 and 38 shall be provided in evidence.

ARTICLE 45

At the meetings of the Board of Governors, the Board of Directors, the Bureau of the Management Committee and the Association Committees and their Governments, a Protocol shall be considered and signed by one of the members elected for that purpose at the meeting.

ARTICLE 46

The decision to amend these rules shall be taken by a majority of the votes at the meeting of the delegation, which shall be at least four fifths of the votes cast. The decision must be confirmed by the Ministry of Justice.

The amendment of the rules will enter into force, unless the Ministry of Justice decides otherwise when the Ministerial Decision has been published in the Finnish legislative collection.

§ 47

If the association ceases to operate, the delegation shall decide how the Union's resources should be used to promote the purposes set out in Article 2 above.

Entry into force
ARTICLE 48

This Decision shall enter into force on 1 January 2013.

This Decision repeals the decision of the Ministry of Justice to establish the rules of the General Bar Association (2004) .

Before the entry into force of the decision, the measures necessary for the implementation of the Decision may be taken.

Entry into force and application of amending acts:

21.08.2013/634:

This Decision shall enter into force on 1 September 2013.