Key Benefits:
Law of 23 June 1952, setting up the Dutch order of lawyers and rules of procedure and order for lawyers and prosecutors
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is desirable to set up the Dutch order of lawyers and to review the rules on order and discipline for lawyers and prosecutors;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The lawyers are registered on the tableau of the Dutch order of lawyers.
2 The registration as a lawyer is conditional or unconditional.
3 Conditional registration shall be made if the applicant is who on the basis of Article 9b the practice under supervision of a pattern shall not have a recognition of professional qualifications issued in respect of the profession of lawyer, as provided for in Article 5 of the General Act on recognition of EU professional qualifications . In all other cases, and in the case of: Article 2a, first paragraph The tendering procedure shall be unconditional. If a declaration or approval referred to in the first sentence has been submitted subsequently, the conditional registration shall be taken from the law by law.
1 Competent to apply for registration as a lawyer is any:
a. to whom on the basis of the resulting results of a final examination of an education in scientific education in the field of law by a university or the Open University as intended in the Law on higher education and scientific research , the degree Bachelor in the field of law and also the degree Master in the field of entitlement has been granted;
b. who, on the basis of the results of the final examination of training in the field of law at a university or of the Open University as intended in the course of the Law on higher education and scientific research , the doctorate in law or the right to have the title master has obtained;
c. having an recognition of professional qualifications issued in respect of the profession of lawyer, as referred to in Article 3 (2) of the EC Treaty. Article 5 of the General Act on recognition of EU professional qualifications .
2 In the case of a general measure of management, detailed rules may be laid down as regards the professional requirements.
3 By general measure of directors, degrees, granted by a university, the Open University or a college as intended in the Law on higher education and scientific research , or be designated as equivalent certificates, equivalent to the Bachelor ' s degree in law referred to in that subparagraph for the applicability of paragraph 1 (a).
4 may also request that the person who is a party to the Agreement on the European Economic Area or in Switzerland, in another Member State of the European Union, or in any other State which is a party to the Agreement, to apply the following has completed an examination of training in the field of law at a university or equivalent training. In such a case, the General Council shall examine to what extent the final examination and the professional experience acquired by the applicant in that other Member State are equivalent to those of the second paragraph of the Treaty. If it is found that the final examination and the professional experience are not equivalent to those required by the second paragraph, the General Board may require the applicant to take an aptitude test or to take additional examinations. The General Board shall ensure that an aptitude test or supplementary examinations can be carried out.
5 A request for registration as a lawyer is filed with the council of order in the arrondissement where the applicant wishes to hold office.
6 Simultaneous to the submission of the request referred to in paragraphs 1 and 4, the applicant submits a statement of conduct, issued in accordance with the procedure laid down in Article 4 (2) of the EC Treaty. Law and punitive data law . If the applicant has previously been registered as a lawyer, he shall also refer to a document issued by the council of the order of the arrondissement in which he last held office, proving whether or not he was whether he has been in a state of bankruptcy or has been subject to the debt restructuring scheme in respect of his or her natural persons. The document referred to in the previous sentence shall also be submitted to the Council of the Order in another district office.
7 Unless the Board gives application to Article 4, first paragraph , he shall send a copy of the request and the attestations and documents submitted to the court in the district in which the applicant wishes to hold office for the purpose of the plaintiff's swearing-in.
8 The lawyer shall inform the Secretary of the General Board of any office transfer with a view to processing on the tableau. As from the processing of the notification of an office transfer to another arrondissement, the lawyer is supposed to hold office in this other arrondissement.
9 If a decision of the Board refusing to take notice of the registration as referred to in Article 4, first paragraph , has become irrevocable, a new request submitted within one year of the request rejected shall be left out of consideration. If a change in the circumstances or the application of the application to another council justifies it, the Council may, in the arrondissement of which the applicant wishes to hold the office, decide whether the application for registration is to be taken. (i) take care In such cases, the Council shall apply to the seventh paragraph.
10 With application of Article 28, first paragraph, final phrase, of the Services Act is Section 4.1.3.3 of the General Law on administrative law not applicable to a request for registration as referred to in the first or fourth paragraph.
1 By way of derogation from the First paragraph of Article 2 is the person authorised in another Member State of the European Union or in another State which is a party to the Agreement on the European Economic Area or in Switzerland, hereinafter referred to as 'the State of origin', to pursue his professional activity to apply under the name of a lawyer or a corresponding name in the language or in the languages of the State of origin, to be registered as a lawyer, if he submits a document proving that he is a lawyer. in the Netherlands for at least three years actually and regularly in the Netherlands, with (i) including Community law as a lawyer. The effective and regular activity is the effective exercise of efficacy without interruptions other than those normally in daily life.
2 The lawyer shall submit an application for the issuing of a document as referred to in the first paragraph to the council of the order in the district in which the lawyer can hold his office.
3 The application shall contain at least information or documents relating to the number and nature of the files dealt with by the applicant.
4 The Council may verify that the work carried out can be considered as being regular and effective and may, if necessary, request the lawyer to provide further clarifications or clarifications in writing or in writing. information and documents as referred to in the third paragraph.
5 Instead of the declaration of behaviour or the other Article 2 (6) The documents referred to may be issued by the lawyer referred to in paragraph 1 and documents corresponding to this declaration or documents issued by the competent authority in the State of origin.
1 If the lawyer has been employed in the Netherlands as a lawyer for a period of at least three years, but for a shorter period of time in Dutch law, the council of the order may be in the district in which the lawyer has an office can hold the document, intended in the First paragraph of Article 2a If the lawyer is able to continue the work in Dutch law, including Community law, if the lawyer is competent to pursue it. In doing so, the Board shall take account of:
(a) the period during which the lawyer concerned has carried out actual and regular work in the Netherlands,
b. the knowledge and professional experience in the field of Dutch law,
c. participation in courses or seminars in relation to Dutch law and
d. the knowledge and professional experience of, as well as participation in courses or seminars on Dutch occupational and behavioural rules.
2 The assessment of the actual and regular work in the Netherlands, as well as the assessment of the competence of the lawyer to pursue the work carried out in the Netherlands, take place in the context of a maintenance which has been to verify the effective and regular nature of the activity carried out.
1 The lawyer acting in accordance with Article 2a has been registered in the official language or one of the official languages of the State of origin in the official language or in one of the official languages of the State of origin in addition to the title of the title, if he is registered in the State of origin.
2 If the competent authority of the home Member State or the disciplinary court there has been temporarily or permanently deprived of the exercise of the profession lawyer, the lawyer concerned shall no longer have jurisdiction in respect of his or her appeal in the Netherlands. to exercise his original professional title.
1 Upon receipt of the copy of the request and the attestations and documents submitted thereto, Article 2 (6) , lawyers at the requisitoir of the prosecutor ' s office are sworn in by the court in the district in which they wish to hold office. The swearing-in of the swearing-in shall be notified by the Registrar of the Court to the Secretary of the General Council for the purpose of processing it on the tableau.
2 They shall make the following oath or promise:
" I swear (promise) fidelity to the King, obedience to the Constitution , deference to the judicial authorities, and that I will not recommend or defend a case, which I do not believe to be righteous in good faith. "
3 When the oath or promise, referred to in paragraph 2, is made in the Frisian language, the text of the oath or promise shall read as follows:
"I swar (ûnthjit) trou oan de Kening, it neilibjen fan ' e Grûnwet, earbid foar the rjochterlike authorities, and that I do gjin saak oanrikkemandearje or ferric you sil, dêr't I ynderlik fan oertsjûge bin that dy net rjochtfeardich is."
1 The Council of the Order in the Arrondissement of which the application is intended to Article 2, fifth paragraph , has been submitted, may refuse to take the application, if:
a. The applicant does not comply with the Articles 2 and 2a the requirements for registration laid down, or if he has not submitted the declarations or documents referred to in those Articles;
b. the well-founded fear exists that the applicant as a lawyer will infringe upon the laws, regulations and decisions applicable to lawyers or otherwise will plead guilty to any act or omission which a proper lawyer does not befit; or
c. the applicant on the basis of Article 8c, third paragraph , from the tableau has been deleted without the submission of the declaration referred to therein and the request being made within a period of time to be determined by the General Council following the deletion.
2 If the request is intended to Article 2, fifth paragraph , was lodged by an applicant who has previously been registered as a lawyer, the Council may also refuse to accept the application if it considers that the applicant does not comply with the requirements laid down in or pursuant to the Regulation. to be eligible for reregistration.
3 A decision to refuse the consideration of the application shall be made within six weeks of its submission.
4 The in Article 3 The date of such swearing-in may take place after the Council has not decided, within the period referred to in the third paragraph, to refuse to take the request, or if the Council has stated that it is to take the request for consideration.
5 In the case of or under the terms of Regulation, the extent to which after deletion has been deleted, Article 8c, third paragraph , examination in parts of training can be made and under what conditions this examination can be made.
1 The Secretary of the Board shall make the decision refusing to take into consideration the application, referred to in Article 4, first paragraph , known immediately to the applicant.
2 The applicant may appeal to the court of discipline for a period of six weeks after the publication of the notice, Article 51 .
3 The complaint shall be made by application, which shall be accompanied by a copy of the decision against which the complaint is addressed. The Registrar shall immediately send a copy of the application to the Council which has taken the decision. On the treatment of the plaits are the Chapter 6 and 7 of the General Administrative Law Act Not applicable.
1 The court of discipline shall decide not only after hearing or due notice of the applicant and of the council. On the handling of the case are Article 56, sixth paragraph , and Article 57, second paragraph , mutatis mutandis.
2 The board may be represented by its blanket or any of his members; the applicant may be assisted by a lawyer.
The Registrar shall forward a copy of the decision to the applicant and to the Council without delay.
1 For the purpose of establishing the status of the lawyer in the interests of proper administration of justice, the Secretary of the General Council shall, on the table of each lawyer, process information relating to:
a. Name;
b. the place and date of birth;
c. the date of swearing-in;
d. the address at which the lawyer holds office, as well as other contact details and the name of the office;
(e) where applicable, the name of the cartridge, the address at which the office holds, and the name of that office;
f. the council of the order to which the lawyer belongs;
g. as applicable: membership of specialization associations, the jurisdictions in which the lawyer specialises, as well as the indication that it is an advocate as intended in Article 16h or a lawyer before the High Court, as intended in Article 9j, first paragraph ;
h. Decisions on the basis of Article 48, first paragraph ;
i. decisions on the basis of Article 48, third paragraph ;
j. decisions on the basis of Article 48, fifth paragraph ;
k. decisions on the basis of Article 48a, first paragraph , and Article 48b , indicating the special conditions set;
l. decisions taken on the basis of Article 60ab, first and second paragraphs , and Article 60b, first paragraph , where applicable, indicating the provision in question; and
m. other decisions imposing a suspension;
n. decisions to impose administrative penalty or a charge of penalty payments as intended Article 45g, first paragraph , and the Article 26, second paragraph , and 27, 2nd paragraph, of the Prevention of Money Laundering and Terroring Law .
2 In the case of the information referred to in points (h) to (n) of the first paragraph, the tableau shall also process the date and the characteristic of the decision or decisions relating thereto, as well as the body which took them.
1 The lawyer to whom the information relates, the General Council, the Secretary of the General Council, the councils of the orders in the arrondissements, the College of Supervision, the Registrars, Presidents, Deputy Presidents, Members and substitute members of a council of discipline and the court of discipline have free access to the office of Article 8 data processed on the tableau.
2 A person shall have free access to the information contained in the tableau, free of charge, as specified in:
a. Article 8, first paragraph, points (a), (c) to (g), (j) and (m) ;
b. Article 8, first paragraph, point (h) In so far as it is an irrevocable decision on the unconditional imposition of a measure, Article 48, second paragraph, point (d) or (e) ;
c. Article 8, first paragraph, point (h) , in so far as it relates to an irrevocable decision in respect of a measure referred to in Article 48, second paragraph, point (c) , and in so far as it has been imposed simultaneously with a measure as referred to in Article 48 (2) (d) or (e);
ed. Article 8, first paragraph, point (k) , in so far as it relates to an irrevocable decision in respect of a measure referred to in Article 48, second paragraph, point (d) or (e) ;
e. Article 8, first paragraph, point (k) , in so far as it relates to an irrevocable decision in respect of a measure referred to in Article 48, second paragraph, point (c) , and in so far as it was imposed simultaneously with a measure as referred to in Article 48, second paragraph, point (d) or (e); and
f. Article 8, first paragraph, point (l) , in so far as it concerns an irrevocable decision in respect of a suspension or provision of a provision and for as long as the suspension or provision in force imposed is in force.
3 With the exception of the information relating to the imposition of the measure of the deletion of the tableau, the information referred to in paragraph 2 (b) to (e) by others than the persons referred to in paragraph 1 may be used; and institutions shall not be considered, if 10 years have elapsed after the final decision on which the data relate. The Council of discipline or the court of discipline may, by its decision, determine that the period referred to in the first sentence is reduced, on the understanding that the period of time cannot be shorter than the duration of the suspension.
The Secretary of the General Board makes written a list of information on lawyers for whom a decision to unconditionally impose a measure as referred to in Article 4 (2) of the EC Treaty. Article 48, second paragraph, point (d) or (e) ... has become irrevocable. The following shall be included in this list:
a. The name of the lawyer and the law firm where the lawyer is employed;
b. the place where the lawyer holds office;
(c) the indication of the council of the order in the district to which the lawyer belongs;
d. the measure imposed on the lawyer, where applicable, stating the duration of the measure; and
(e) the date of the decision imposing the measure and the date on which the measure is to take effect.
1 They shall no longer be registered in the tableau or obtain any relationship which would be incompatible with the profession of lawyer, shall be deleted on their declaration by the Secretary of the General Council of the tableau. In the latter case, similarly, the court in the district where the lawyer holds office may decide to delete at the requisitoir from the prosecutor's office, the council of the order in the arrondissement may also be heard. The decision to delete it shall be notified to the Secretary of the General Council by the Registrar of the Court for the purposes of processing on the tableau.
2 In the event of death, the lawyer shall be removed by the Secretary of the General Council of the tableau.
3 Of the tableau are also deleted, which have been conditionally registered as solicitor for a period of three years, either without interruption or interruptions, for a period of three years:
a. Without the declaration that it is a good result of the declaration Article 9b Intended internship is complete; or
(b) without being able to submit the evidence which, with a favourable effect, Article 9c The examination shall be made.
4 If the period referred to in paragraph 3 has been interrupted and the evidence provided for in paragraph 3 (a) and (b) cannot be presented, the person concerned may request that he be granted parole for a period of three years. are entered. This request may be lodged within three years of the period of interruption of the period.
5 For conditionally registered lawyers operating part-time, the period referred to in paragraph 3 shall be extended proportionately, on the understanding that such extension may not exceed three years. If on the basis of Article 9b, second paragraph The period of validity of the training period shall be extended by the period specified in the third paragraph by the period laid down in the decision, on the understanding that such extension may not exceed three years.
6 The deletion referred to in paragraph 3 shall be made after notification by the General Board as from a time of at least two months and not more than six months from the date of notification. The notification shall be notified simultaneously to the lawyer concerned, to his/her pattern, to the council of the order in the district where the lawyer holds office and to the public prosecutor's office.
7 The Secretary of the General Board shall notify the General Board and the Council of the Order in the Arrondissement of the entry or the deletion within eight days.
The Article 8, first paragraph, introductory wording and points (a), (b), (d) and (f) to (m) and (second) , 8a , 8b , and 8c, 1st Member , shall apply mutatis mutandis to lawyers engaged in their activities under their original professional title as referred to in Article 3 (1) of the EC Treaty Article 16h , except that:
-In Article 8, first paragraph, part h The following shall be substituted for "Article 48, first paragraph": Article 48, first paragraph , and Article 60aa, second paragraph ; and
-In Article 8a (b), second paragraph, points (b) to (e) , and Article 8b For "Article 48, second paragraph, points (d) or (e)" shall be read each time: Article 48, second paragraph, point (e) , or Article 60aa, second paragraph .
1 The council of order in a district may ask the Board of Discipline to decide that the lawyer who is not permanently and systematically the profession of lawyer is deleted from the tableau.
2 To the examination of the request, the Articles 47 , 49 and 50 applicable mutatis mutandis, except that in Articles 49 and 50 for 'the complainant' is read: the council of the order in a district.
3 Of the council ' s decision of discipline may include the relevant lawyer and council of law in a arrondissement within six weeks of the dispatch of the in Article 50 must appeal to the court of discipline.
4 Article 9, fifth and sixth paragraphs , shall apply mutatis mutandis.
Deletion of the tableau entails the loss of relations, where the status of a lawyer is required for electability or need for appointment.
1 The council of order in a arrondissement may decide, for one year after a lawyer is sworn in, that he shall be removed from the tableau when either the lawyer or the court of discipline is so incorrect or incomplete. has provided, that he, true the right tokeep of cases the council or the court of discipline has known, would not have been admitted to the swearing-in, either the lawyer himself in the period between the application for registration and the swearing-in to a He has pleaded guilty, that if he had been sworn in after the swearing-in he would have been Guilty, the measure of deletion of the tableau would have been imposed.
2 To deal with the case are the Articles 47 and 49, second to last Member , mutatis mutandis.
3 The Secretary of the Council shall make a decision as referred to in paragraph 1 as soon as possible.
4 Of such a decision, the lawyer concerned may appeal to the court of discipline within six weeks of the publication of the notice. Article 5, third paragraph , and Article 6 shall be applicable mutatis mutandis.
5 The Registrar of the Court of Discipline Shall without delay send a copy of the decision to the lawyer concerned and to the council.
6 As soon as the decision to delete the tableau has been res judiced, the Secretary of the Council shall communicate them to the Secretary of the General Council for the purpose of processing the tableau.
The conduct of the title of lawyer shall be exclusively entitled to the person who is registered as an advocate on the basis of Article 1, first paragraph , or 2a, 1st Member .
(1) If the competent authority of the host Member State or the disciplinary court there is in the exercise of the appeal of the lawyer who is party to that State under the national law of that Member State of the European Union or the State concerned the Agreement on the European Economic Area giving effect to Article 3 of the Agreement Directive 98 /5/EC of the European Parliament and of the Council of the European Union of 16 February 1998 to facilitate the permanent exercise of the profession of lawyer, has refused to register, temporarily or permanently refused, the Council of Ministers shall decide on the the district where the lawyer concerned holds office of its own motion for the suspension or deletion of the tableau, where there are grounds for concern that the person concerned as a lawyer will infringe the laws of law applicable to lawyers, and decide whether or otherwise will plead guilty to any action or omission that a proper Lawyer not behoove. The decision will take effect six weeks after it is announced.
2 The Articles 5 to 7 , 8c, seventh member , and 8f shall be applicable mutatis mutandis.
3 The Secretary of the General Board shall process the decision of the Board on the tableau, having become irrevocable.
4 The complaint shall suspend the operation of the decision of the Council.
5 The court of discipline may set the council a deadline for the adoption of a new decision.
6 The Council shall inform the competent authority of the host Member State of the suspension or deletion.
7 The lawyer shall, at the request of the Board, arrange for the certified translation of the particulars and documents necessary for his decision. If the lawyer refuses to comply with this request, the Board shall arrange for the translation to be certified and shall pay the costs thereof to the lawyer concerned.
8 The court of discipline may require that the documents which it has designated to be translated shall be translated by a sworn translator in the Netherlands. The lawyer will take care of the cost of the translation.
9 If the lawyer has registered in Switzerland in accordance with the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, concluded on 21 June 1999, on the free the movement of persons shall be the preceding paragraphs mutatis mutandis.
1 Each lawyer, with the exception of the lawyer who has a recognition of professional qualifications issued in respect of the profession of lawyer, as referred to in Article 1 (2) of the Article 5 of the General Act on recognition of EU professional qualifications and with the exception of the lawyer, who, in accordance with Article 2a is registered as an intern for the first three years in which he is registered as a trainee under the supervision of another lawyer-hereinafter referred to as the pattern-and to keep it at that office.
2 For interns employed in part-time, the duration of the placement shall be extended proportionally. In addition, the duration of the placement may be extended for a maximum of three years if the council of the order in the district considers that the trainee does not yet have sufficient practical experience. The duration of the internship may be shortened by the Board, with the approval of the General Board, at the request of the trainee.
3 Of the obligation of the trainee to keep in a pattern office, the Board may grant exemption if, in the opinion of the Board, proper practice, including the financing of the practice and coverage of the risk of the professional liability of the trainee, in accordance with the rules laid down in this Act or under this law, is insured. If, in the opinion of the Council, this is no longer the case, an exemption granted may be withdrawn. With application of Article 28, first paragraph, final phrase, of the Services Act is Section 4.1.3.3 of the General Law on administrative law does not apply to an application for exemption.
(4) If the Council has granted the exemption provided for in paragraph 3, it shall, if the trainee has not been able to find a pattern which, by means of the required guidance, has been able to find a lawyer as a pattern, unless it has been granted by the person concerned, unless the person concerned has been Lawyer would be an unreasonable burden.
5 The refusal or withdrawal of an exemption by the third paragraph, the designation of a pattern in application of paragraph 4, or refusal of such a designation, may be an object of an extension of the duration of the period of the period of the period. establish an administrative appeal to the General Council.
6 By or under Regulation as referred to in Article 28 determines who can act as a pattern, may be identified as pattern, under which obligations have to meet the pattern and the trainee, and when and in which cases the relationship existing between them start and end.
1 The Dutch order of lawyers provides training for interns and enables the trainee to follow this course of training which will be completed by an exam.
2 The following subjects, the training referred to in paragraph 1 relating to, shall be determined by or pursuant to Regulation as referred to in the first paragraph of Article 28 , unless provided for in a general measure of administration:
a. the content and duration of the training;
b. the magnitude of the examination and the manner in which the examination is taken;
c. the requirements for the acceptance of the examination;
d. the requirements for obtaining the exemption for certain parts of the examination;
e. the course and examination fees to be charged to the trainee.
1 A lawyer at the High Court is an unconditionally registered lawyer as intended Article 1, second paragraph -of whom the endorsement of the tableau indicates that he is in that capacity.
2 Note to the tableau shall be recorded by the Secretary of the General Council at the request of the lawyer, upon presentation of a declaration that the lawyer meets the accession requirements referred to in paragraph 3 (a). The Secretary of the General Council shall inform the lawyer and the Registrar of the High Court of any endorsement or deletion thereof on the tableau.
3 The College of Deputies shall, by means of or by virtue of Regulation, lay down rules on the acquisition, retention and loss of the status of lawyer at the High Court, as well as the note on the tableau. In any case, the Regulation lays down rules on:
a. The requirements of professional competence to be made to those lawyers, consisting of accession requirements and permanent requirements of training and practice, in particular in the field of procedural law;
b. the development of these requirements, training and examining;
(c) obtaining an exemption for certain parts of the training or the examination;
d. the opinion on, and supervision of, points (b) and (c); and
e. the issuing of the statement that a lawyer meets the requirements, referred to in point (a).
4 By or under the Regulation, a distinction may be made in rules referred to in the third paragraph which apply to the action before the High Court in civil matters, criminal matters or tax matters.
5 The general council shall ensure implementation of the matters referred to in the third paragraph.
6 In exceptional cases, the general council may grant exemption from the requirement in the first member of unconditional registration as a lawyer.
7 Against a decision to refuse the application for a note to the High Court as a lawyer, as well as to a decision to refuse the exemption as referred to in paragraph 6, the lawyer may, within six weeks of the decision of the Court of Justice, decide whether or not to grant an application for exemption from the exemption of the exemption. the publication of the refusal of appeal to the court of discipline. Article 9, fifth paragraph , shall apply mutatis mutandis.
1 The council of law in the district to which the lawyer belongs may request the Board of Discipline To Decide That The Appointment Of A Lawyer shall be removed from the High Court if the lawyer does not fulfil or no longer fulfils his or her capacity to act to the requirements of the Article 9j, third paragraph, part a .
2 To the examination of the request, the Articles 47 , 49 and 50 applicable mutatis mutandis, except that in Articles 49 and 50 for 'the complainant' is read: the council of the order in the district.
3 Against a decision to pass the note as referred to in paragraph 1, the lawyer may within six weeks after the dispatch of the in Article 50 must appeal to the court of discipline. Article 9, fifth and sixth paragraphs , shall apply mutatis mutandis.
Lawyers practice the practice according to the powers and requirements, at the Lawbooks of Civil Procedure and Criminal proceedings and in the special laws and decisions given and advanced, and in accordance with this law and the regulations and decisions based thereon.
1 In the interest of a proper administration of justice, the lawyer shall ensure the legal protection of his client. To that end, the lawyer shall, in the exercise of his profession:
a. independent vis-a-vis his client, third parties and the cases in which he acts as such;
b. Party to the defence of the legitimate interests of his client;
c. knowledgeable and may have sufficient knowledge and skills;
d. Integer and abstain from any act or omission which does not befit a proper lawyer; and
e. Confidence person and shall observe secrecy within the limits set by the law and the law.
2 The general council and councils of the arrondissements shall, in the interests of proper administration of justice, promote proper practice and take all the measures which may contribute to that practice. They come up for the rights and interests of the lawyers and fulfill the tasks assigned to them by regulation.
Without prejudice to: Article 9j , lawyers, both in civil and criminal cases, have the power to act as such for all judicial colleges within the Empire.
1 In so far as it is not laid down by law or by a regulation of the College of Deputies, the lawyer shall be obliged to observe the secrecy of any of the provisions of which he or she, by virtue of his professional practice, takes such knowledge as such. The same obligation applies to employees and staff of the lawyer, as well as to other persons involved in the exercise of the profession.
2 The obligation of professional secrecy referred to in paragraph 1 shall continue to exist after the end of the professional exercise or the activities in which the work has been carried out.
1 Lawyers are required to hold office. They may only hold office in one arrondissement in one location.
2 The lawyer ' s office shall apply to all his acts as such as chosen domicile.
3 The general council may dispense with the provision provided for in paragraph 1 for particular reasons to be given to a lawyer wishing to establish his office outside the Netherlands. The council of the order in the arrondissement where the lawyer last held office is heard in advance. If a waiver is granted, the lawyer after the establishment of his office outside the Netherlands will remain in the order in the district where he held the last office. If the lawyer has not previously held office in a district office, he shall be in the Arrondissement of The Hague after he has granted the exemption and establishment of his office outside the Netherlands.
4 The general council may temporarily waive the provision provided for in paragraph 1 by a lawyer wishing to hold office elsewhere in the context of secondment. The council of the order in the arrondissement where the lawyer holds office at the time of the application for waiver shall be heard in advance. If a waiver is granted, the lawyer will remain in the order in the district where he has taken office at the time of the request for a waiver.
5 Lawyers who do not comply with the provisions of this Article shall, after being required to do so by the council of order in the arrondissement, be appointed by the Public Prosecutor's Office and after the court has decided to delete it, of the tableau deleted. The decision to delete it shall be notified to the Secretary of the General Council by the Registrar of the Court for the purposes of processing on the tableau.
With application of Article 28, first paragraph, final phrase, of the Services Act is Section 4.1.3.3 of the General Law on administrative law does not apply to a request for exemption in accordance with Article 12, third and fourth paragraphs .
1 The right-seeking person who does not find, or is not, in good time, a lawyer willing to provide him with his or her services in a case in which representation is prescribed by a lawyer or assistance may be made only by a lawyer, may apply to him. to the blanket order of lawyers in the arrondissement where the case must serve, with the request to appoint an attorney. Even if the legal person seeking the preliminary judgment of the blanket is eligible for legal aid under the provisions of the provisions of the Law on legal aid -The blanket is a lawyer.
2 The blanket can only reject the request for good reason. He may, on grounds of special reasons, amend or withdraw a designation.
3 Within six weeks of the publication of the decision rejecting the application, the person concerned may appeal to the court of discipline. On the treatment of the plaits are the Chapter 6 and 7 of the General Administrative Law Act Not applicable.
4 The designated lawyer is required to provide his services.
5 The lawyer added as counsel by the Legal Aid Board shall act as such on, or act in accordance with Article 46 of the Code of Criminal Procedure observe, as long as not an elected counsellor has acted or at the foot of Article 45 of the Code of Criminal Procedure another has been added.
The lawyers argue standing, dressed in the costume in the special rules of procedure, on that subject, all the more so with the dets.
Lawyers, who have been declared bankrupt or in respect of whom the debt restructuring scheme has been declared to be natural persons, who have been held hostage or under receiptionage for debts, are In the exercise of their practice, the application of the debt restructuring scheme, natural persons, the hostage-taking or the curatele shall be suspended in practice. During the suspension, the suspended lawyer shall not have the title of lawyer. The Registrar of the court of first instance of the Court of First Instance of the European Parliament having delivered one of the decisions referred to in the first sentence or of a decision giving effect to the suspension of the suspension shall, on the basis of the suspension, inform the Court of Justice of the decision to terminate the proceedings. Secretary of the General Council with a view to processing on the tableau. Suspension shall mean the loss of relations, where the status of a lawyer is required for electability or need for appointment.
The provisions of this Law and other statutory regulations relating to lawyers shall apply only to lawyers registered in the Netherlands, in so far as they or the following articles are not otherwise covered by those provisions. determine.
For the purpose of carrying out activities in the Netherlands by way of provision of services, persons who are not registered as such in the Netherlands but are in another Member State of the European Union, in another Member State of the European Union, are hereby designated as lawyers. It is a party to the Agreement on the European Economic Area or in Switzerland, hereinafter referred to as the State of origin, to pursue their professional activities under the name of the lawyer or by a corresponding equivalent person. name in the language or in one of the languages of the State of origin.
Where the persons referred to in the preceding Article, hereinafter referred to as: visiting lawyers, carry out their title in the course of the performance of the services in the Netherlands, indicate the professional organization to which the person concerned shall be entitled to they belong or the court in which they are admitted in accordance with the legislation of the State of origin.
1 The work, by way of provision of services, on the representation and defence of a client in law or before a public authority shall be exercised by visiting lawyers under the same conditions as that of the person concerned. In respect of lawyers registered in the Netherlands.
2 In carrying out the activities referred to in paragraph 1, visiting lawyers shall respect the professional rules applicable to lawyers registered in the Netherlands, including the regulations mentioned in the Article 28 Without prejudice to what they are obliged to do as lawyers in the State of origin.
3 When acting to a public authority, visiting lawyers shall prove to the satisfaction of that authority, on request, their power to exercise the profession of lawyer.
1 In carrying out work, by way of provision of services, relating to the representation and defence of a client in law, for which the law provides for the assistance or representation of a lawyer, must be a A visiting lawyer is working with a lawyer registered in the Netherlands, hereinafter referred to as the cooperating lawyer.
2 The lawyer acting together shall be determined in advance by the lawyer acting in charge of the lawyer's profession and shall be responsible to the court in question.
3 The acting lawyer shall, before the lawyer acting for the first time as such, propose the visiting lawyer to the court which is in charge of the hearing.
4 The visiting lawyer shall be deemed to have the place of residence referred to in paragraph 1 at the premises of the lawyer acting in collaboration.
5 In cases where lawyers are required or entitled to wear a special costume, the visiting lawyer may, if he chooses, instead wear the costume prescribed in the State of origin.
6 The court in charge of the hearing may allow visiting lawyers to use a language other than the Netherlands if he considers that a proper administration of justice is not impaired by it. He may, as a condition, make use of an interpreter.
In the case of other activities, by way of provision of services, other than those specified in: the first paragraph of Article 16d , continue visiting lawyers subject to the conditions and the professional rules of the State of origin. They must also respect the professional rules applicable to lawyers registered in the Netherlands, in particular those relating to: (a) the incompatibility of the conduct of the work of lawyer with the performance of other activities in the Netherlands, (b) the relationship to other lawyers and (c) the prohibition of assistance by a similar lawyer to parties with conflicting interests. The latter rules are only applicable to the extent to which they can be complied with by a lawyer who is not established in the Netherlands and is objectively justified in order to ensure the proper exercise of the the work of lawyers, the dignity of the profession and the observance of the rules on incompatibility.
The provisions of this Law and other statutory provisions relating to lawyers shall apply only to lawyers registered in the Netherlands to the extent that such rules or the following articles are not otherwise covered by those provisions. determine.
1 The person not taking account of: Article 1 is registered in another Member State of the European Union or in another State which is a party to the Agreement on the European Economic Area or in Switzerland (hereinafter referred to as " the State of origin), is entitled to to pursue professional activity under the name of a lawyer or a corresponding name in the language or in the languages of the State of origin, shall have the right to carry out the same duties on a permanent basis as the person concerned in accordance with Article 1 registered lawyer after he has registered himself on the tableau of the Dutch order of lawyers.
2 The Secretary of the General Board shall prescribe the lawyer upon presentation of a certificate of registration to the competent authority of the State of origin, if the statement is no longer than three months prior to the application for the application Registration has been issued.
3 The Secretary of the General Council shall inform the competent authority of the State of origin of the invitation to tender.
1 The lawyer referred to in the first member of Article 16h , is required to pursue his professional activities in the Netherlands under his original professional title, as it should be in the language or one of the official languages of the State of origin, but in a intelligible manner and in such a way as to enable him to cannot be confused with the title lawyer, meant in Article 9a .
2 In carrying out the work referred to in paragraph 1, the lawyer shall indicate the professional organization to which he belongs or the court or tribunal for which he is admitted in accordance with the legislation of the State of origin and his/her registration on the tableau.
For the purpose of carrying out the work relating to the representation and defence of a client acting in legal terms, the lawyer, intended to first paragraph of Article 16h , together with a corresponding Article 1 in the case of lawyers registered in the Netherlands to the extent prescribed by the law for the assistance or representation of a lawyer. The first paragraph of Article 16d and the second to fourth and sixth member of Article 16 shall be applicable mutatis mutandis.
1 The lawyer, referred to in the first paragraph of Article 16h , is subject to the same occupational and behavioural rules and the same conditions as the lawyer acting in accordance with the same professional and behavioural rules in the Netherlands. Article 1 is registered, including the regulations mentioned in Article 28 .
2 The Articles 10 , 10a, 1st Member , 11a , 12 , 13 , 14 and 16 shall be applicable mutatis mutandis. Article 11 shall apply mutatis mutandis insofar as the lawyer is acting in the Netherlands.
1 The joint lawyers, who are registered in the Netherlands, constitute the Dutch order of lawyers. She is established in The Hague. It is a body governed by public law in the Article 134 of the Constitution .
2 The joint lawyers who hold office in the same arrondissement constitute the order of lawyers in the district.
3 The Dutch order of lawyers and the orders are legal persons.
1 The Dutch order of lawyers has the following organs:
a. the General Council, referred to in Article 18, first paragraph ;
b. the blanket of the General Board, referred to in Article 18, first paragraph ;
c. the College of Deputies, referred to in Article 19, first paragraph ;
d. the Board of Opinion, referred to in Article 32a, first paragraph ; and
e. the college of supervision, referred to in Article 36a, first paragraph .
2 The order of lawyers in a arrondissement has the following bodies:
(a) the Council, Article 22, first paragraph ;
b. the blanket, intended in Article 22, second paragraph ; and
c. the annual meeting of the order, referred to in Article 22, second paragraph .
1 To the head of the Dutch order of lawyers is a general council, made up of at least five and up to nine members, among whom the blanket. The number of members of the council is determined by the Article 19, first paragraph That College of Deputies.
2 The blanket is to be replaced by a member of the General Council in the absence of his or his absence or is prevented from doing so by that council.
1 The blanket and the other members of the General Board are chosen by a college of delegates. The College of Deputies shall meet at least once a year.
2 The meetings of the College of Deputies shall be open to the public. Meetings shall be held with closed doors if the President, the nature of the subject to be dealt with shall be taken into account, if necessary, or if the majority of the members present so request.
3 The membership of the General Board shall not be compatible with the membership of the College of Deputies.
4 Each year two members shall resign in accordance with a schedule to be adopted by the General Council.
5 In vacancies that arise in the intervening period, the College of Deputies shall provide as soon as possible, if necessary in an extraordinary meeting.
6 No one can be part of the general council for more than nine years in the whole, as a blanket or as a member.
1 The deputies and their alternates shall be elected for three years in meetings of the orders of the arrondissements. They shall be reelectable.
The numbers of deputies and alternates shall be as follows:
a. For the orders, made up of fewer than 1,500 lawyers: four delegates and three alternates;
b. For the orders, consisting of 1,500 lawyers or more, but less than 3,000: six delegates and three alternates; and
c. for the orders, made up of 3,000 lawyers or more: eight delegates and three alternates.
3 For the purposes of the second paragraph, the number of lawyers holding office in a district office shall be decisive on the first working day preceding the election as referred to in paragraph 1.
4 The status of an MEP or alternate is not compatible with the membership of the council of the order in a district, a service to the Dutch order of lawyers or a service of an order in a arrondissement.
5 Judges shall act in order of election.
6 In the event of proven need, vacancies may be provided immediately.
7 The Secretary of the General Board shall act as Secretary of the Meeting of the College of Deputies.
In the event of a Member being prevented from attending a meeting of the College of Deputies, he shall immediately inform the Committee of the Committee of the European Parliament. Article 20, fifth paragraph , designated alternate.
1 The order in the arrondissement shall be governed by a council composed of at least five and no more than 11 members, including the blanket. The number of members of the Board shall be determined in accordance with the rules of procedure of the Rules of Procedure.
2 The blanket and the remaining members of the council shall be chosen from the members of the order in the annual meeting of the order.
3 Each Year Two Members Shall Resign In Accordance With A Schedule To Be Determined By The Council. The blanket is reelectable. A member of the council can always be chosen as a blanket. The members of the Board shall not be reelectable unless otherwise provided by the rules of procedure of the Rules of Procedure.
4 In the event of proven need, vacancies may be provided immediately.
1 The blanket is to be replaced by a member of the council of the order in the arrondissement in the absence of his or his absence or is prevented from doing so by that council.
2 The council points out its middle-class, a secretary and a treasurer.
1 As members of the General Council, of the College of Deputies and of the Boards of Orders in the arrondissements, only elective lawyers and those in accordance with Article 16h have been registered to the extent that they have not yet reached the age of 70 years. They shall take effect after that age from the next month.
2 In the case of the rules of procedure of the order in the arrondissement, it may be stipulated that as a member of the council only lawyers or those who are Article 16h are registered for election, which shall not be registered as such for a specified period of three years or more.
The meeting of the Dutch order of lawyers deliberates on issues of importance to lawyers and legal questions.
The general council and council of orders in the arrondissements shall promote a proper practice and shall have the power to take all the measures which may contribute to that end. They come up for the rights and interests and monitor compliance with the duties of the lawyers as such and perform the duties assigned to them by regulations.
The general council represents the Dutch lawyers everywhere, where appropriate, even if the importance of the Dutch order is not directly involved in this.
1 The College of Deputies lays down regulations in the interests of the proper exercise of practice, as well as in order to guarantee the requirements laid down by Article 10a to be addressed.
The College of Deputies shall, by means of or by virtue of Regulation, also lay down rules concerning
(a) the requirements for the promotion of professional competence and the quality of the exercise of the profession;
b. the mandatory affiliation to a complaints and dispute settlement, including the mandatory affiliation to a settlement involving arbitration, intended to be part of the contract. Article 1020 of the Code of Civil Procedure or a fixing agreement, intended in Article 900 of Book 7 of the Civil Code On the basis of which disputes concerning the height of a declaration are to be cancelled;
c. a proper establishment of the administration of practice for lawyers;
d. Insurance in respect of the risk of professional liability of lawyers; and
e. the housekeeping and the organization of the Dutch order of lawyers.
3 proposals for regulations shall be made to the College of Deputies by the General Council or by at least five Members. Before the General Council submits a proposal to the College of Deputies, it may invite the Boards of Representatives to make known their views in the arrondissements.
4 Regulations shall be communicated without delay to our Minister for Security and Justice and published in the Official Journal.
5 The college of delegates does not adopt regulations relating to the exercise by blanket order in the arrondissement of the in Article 45a supervisory authority or the exercise by the College of Supervisory Board of the Paragraph 3a such tasks and powers.
1 The Regulations shall be binding on:
a. Attorneys, registered on the tableau, intended in Article 1, first paragraph ;
b. Visiting lawyers according to the particular Articles 16d, second paragraph , and 16f ; and
(c) legal persons or associations within which the persons referred to in parts (a) and (b) are employed and who exercise only judicial practice by lawyers or by lawyers and other professionals.
2 They may not contain provisions on points, which are provided for by or under the law, nor do they act in matters which, as a result of the variety of circumstances in the arrondissements, do not lend themselves to general provisions.
3 The provisions of regulations, under which the law is provided for or under the law, shall be automatically subject to the law.
1 Decisions of the College of Deputies, of the General Council or of other bodies of the Netherlands Bar, with the exception of decisions of the College of Supervisory Board, as referred to in Article 13 (2) of the Treaty. Article 36a, first paragraph , and decisions of the blanket of the General Board, referred to in Article 45b , can be destroyed by royal decree.
2 The suspension or destruction shall be carried out within six months of the date of Article 28, fourth paragraph This communication or, where it is a decision of the general council or of another body of the Dutch Bar Association, within six months of the decision being made to the attention of our Minister for Security and Justice.
1 The General Council shall represent the Dutch order of lawyers, in and out of court, without prejudice to the provisions of the Article 36a, fifth paragraph .
2 The councils of the orders in the arrondissements represent the orders, in and out of court.
1 The general council and the council of the orders in the arrondissements govern the Dutch order of lawyers, the orders of the arrondissements, and are entitled to carry out acts of management and decision with regard to the her ability.
2 The College of Deputies and the Assembly of the Order in the Arrondissement annually establish the amounts which Members are required to contribute to cover expenses incurred by the Dutch order of lawyers, by the costs of the order of law.
3 The General Board and the councils shall take annual account and account of their monetary management. This account and accountability shall be examined by a committee of three members, by which the College of Deputies shall, among other things, draw up the order from among them. The committee shall report to the college in question. The approval of the account by the College of Deputies shall, among other things, extend to the General Council, the Council, to décharge.
4 Annually, the General Council and the councils have issued a report for the past year and have been discussed at the meeting of the College of Deputies, which is the subject of the first question.
5 The report, referred to in paragraph 4, shall also report on the state of the professional conduct of lawyers and on the settlement of disputes between lawyers and clients.
1 There is a Board of Opinion, consisting of five or seven members, including the Chairman. The board of opinions shall consist of a majority of members who are not lawyers.
2 Before a proposal for a regulation as referred to in Article 28, first paragraph and second paragraph, parts a to d The draft opinion shall be submitted to the College of Deputies to the Board of Deputies.
3 The advisory board may decide to refrain from consulting. If an opinion is delivered, this shall be submitted when the proposal is submitted to the College of Deputies.
4 The membership of the Board of Opinion is not compatible with the membership of any other organ of the Dutch order of lawyers, or of the orders in the arrondissements, except for the annual meeting of the order, referred to in Article 22, second paragraph .
5 By regulation, rules on the composition and establishment of the Board of Opinion shall be laid down. In the case of a regulation, the advisory function of the Advisory Board may be extended.
The General Council shall maintain the office of the Dutch Bar Association and, by means of such information, shall provide information in respect of all such subjects, of which science is important to the lawyer, and shall endeavour to ensure the unity of the professional body of lawyers. and promotes the treatment of scientific and practical issues in general meetings of lawyers.
The General Council appoints and dismisses its secretary, who cannot be a member of the general council. The Secretary of the General Council shall be in charge of the Bureau of the Order; the General Council shall determine his salary, the conditions under which he shall operate and shall provide for his/her replacement when he is prevented from attending or absent.
1 The blanket, intended in Article 22, second paragraph , please inform the lawyers about all that is related to the practice.
2 The blanket may provide mediation to assist litigation between lawyers among themselves.
3 The blanket informs each one about the possibility of complaint and dispute resolution and the possibility for parties to turn to the right. If necessary, the blanket shall refer to other bodies.
4 The blanket supervises lawyers according to the particular Paragraph 3a .
The organs of the Dutch order of lawyers and of orders in the arrondissements can draw up administrative regulations.
1 There is a college of supervision consisting of three members, including the blanket of the general council, which is also the chairman.
2 With the exception of the blanket of the general council, the members are appointed by royal decree, upon nomination of Our Minister of Security and Justice. A nomination for appointment shall not be made on the recommendation of the General Council. To this end, the General Board shall, for each vacancy in the college, make a list of recommendations, if possible, of three candidates. The College of Deputies may advise the General Board on the list of recommendations. The general council shall forward to the list of recommendations accompanied by a statement of conduct relating to the conduct referred to in Article 2 (2) of the EC Treaty. Article 28 of the Law and Criminal Justice Act , and possibly accompanied by the opinion of the College of Deputies to our Minister for Security and Justice. A candidate listed in the recommendation may be refused only by our Minister of Security and Justice for serious and motivated reasons.
3 The members referred to in paragraph 2 shall be appointed for a period not exceeding four years. They may be appointed once again after the end of this period for a period of not more than four years.
4 Members referred to in paragraph 2 shall be reimbursed for their activities and their travel and subsistence expenses by a decision of the General Council. The College of Deputies may, by or by virtue of Regulation, as referred to in Article 28 detailed rules on the remuneration.
5 The college is supported by a secretary. The Secretary shall be appointed and dismissed by the College. He shall be accountable to the college solely for his activities. By or pursuant to Regulation as referred to in Article 28 general rules of legal status may be laid down in respect of the Secretary.
6 Our Minister of Security and Justice may destroy a decision of the General Council as referred to in paragraph 4 for violation of law or public interest.
7 The dean shall not take part in decision-making by the General Board referred to in the second paragraph.
1 The in Article 36a, second paragraph The members of the supervisory college referred to above may not also be a lawyer.
2 The in Article 36a, second paragraph Members may not also:
(a) be a member or member of another body of the Dutch order of lawyers or of an organ of the orders in the arrondissements;
b. Chairman, Deputy Chairman, Member, Deputy Member or Registrar of a Board of Discipline or the Court of Discipline;
(c) membership of bodies governed by public law in respect of which the choice is made under elections by statutory regulation;
(d) a public cover to which a fixed remuneration or allowance is attached; or
e. the membership of standing colleges of advice and assistance to the Government.
3 A member of the college does not perform any secondary functions that are not desired for the purpose of proper fulfilment of his function, or the maintenance of his independence or of confidence in it.
4 Ancillary functions of a member shall be made public by the publication of an indication thereof at the office of the college.
5 Under paragraph 2 (d), relations shall not be understood as referred to in the second paragraph. Article 1.1., part f, of the Law on Higher Education and Scientific Research .
6 Under paragraph 2 (d) and (e), paragraphs (d) and (e) do not include the members of the Council of State, the State Councils and the State Councils in extraordinary service appointed exclusively in the Department of State advisory section.
1 In so far as it concerns the Article 36a, second paragraph , as referred to in paragraph 1, membership of the supervisory body shall end:
a. by the end of the period for which the member has been appointed;
b. by resignation at his own request by royal decree on a proposal from Our Minister for Security and Justice, after hearing the General Council;
c. by the death of the member; and
d. by dismissal as referred to in the fifth or sixth member.
2 The court of discipline suspends at the request of Our Minister of Security and Justice, heard the General Board, one in Article 36a, second paragraph , as a member of the college, if and for so long:
(a) he is in custody;
b. he has not yet become irretrievably convicted of a criminal offence or has been a measure of deprivation of liberty in the case of such a judgment; or
(c) he has not yet become an irrevocable judicial decision under receivership, has been declared bankrupt in respect of his or her natural persons, has been declared bankrupt, he shall be the subject of a judicial review of the the payment has been made, or has been taken as a result of debts.
3 The court of discipline may at the request of Our Minister of Security and Justice, heard the General Board, an in Article 36a, second paragraph , to suspend the said member of the College, if:
a. A criminal investigation of a crime against him has been established; or
b. there is another serious suspicion of the existence of facts or circumstances that could lead to dismissal.
4 The Court of Appeal shall terminate, upon request or of its own motion, a suspension as referred to in the second or third paragraphs when the ground for such an expiry has expired.
5 The court of discipline dismisses at the request of Our Minister of Security and Justice, heard the General Board, one in Article 36a, second paragraph , a member of the college, if:
(a) the Member has become irrevocably convicted of a criminal offence or has been a measure of deprivation of liberty in the case of such a judgment; or
(b) the member has been adjudicated at irrevocable judicial judgment under receivership, has been declared bankrupt in respect of his or her natural persons, has been declared to be subject to the payment of the debt security scheme; he has been granted payment of payment; has been acquired, or has been held hostage because of debts.
6 The court of discipline may at the request of Our Minister of Security and Justice, heard the General Board, one in Article 36a, second paragraph (b) dismiss the said member of the College on account of incapacity or incapacity for the function or for reasons of any other weight of the person concerned.
7 Against a decision of the court of discipline under this article may be determined by an interested party Article 8: 1 of the General Administrative Law Act Proceedings shall be brought before the courts. Article 7: 1 of the General Administrative Law Act does not apply.
8 When applying the second to sixth members, the blanket shall not be part of the general council.
1 The blanket of the general council of the order in the arrondissement convenes a meeting so often he considers it necessary and whenever, for the Dutch order of lawyers, at least fifty members, for the general In the case of a council of the order in the district of at least two members, at least four members of the College of Deputies and a minimum of six Members may request in writing at least six Members.
2 The Dean and the other members of the General Board shall have access to the meetings of the College of Deputies.
1 In the meetings, the blanket of the General Council shall be held by the Dean of the Order in the Arrondissement of the Presidency.
2 In the meetings of the council and of the order in the arrondissement, the deacon shall have a casting vote in the case of a strike.
1 A properly convened meeting shall be held regardless of the number of members present.
2 However, a meeting of the General Council shall not be held if at least five Members, and a meeting of the College of Deputies, shall not be held if not more than half the number of Members or their alternates Up.
3 When a meeting of the College of Deputies has not brought up the required number of delegates or alternates, a new meeting will be convened. This sitting is held regardless of the number of deputies or alternates, which has been raised.
1 At the meeting of the order in the arrondissement, all members are entitled to vote. They shall also have the right to vote in accordance with Article 16h have registered.
2 Every vote shall cast a single vote.
1 The votes on all matters shall be jointly and severally.
2 In the case of the choices of persons, the vote shall be taken in the case of closed and unsigned notes.
3 If a decision on a case is not called for by any of the persons present, the proposal shall be deemed to have been adopted.
1 In a meeting of the General Council, a vote shall be null and void if not at least five members have participated in it.
2 In a meeting of the College of Deputies, if not more than half the number of delegates or alternates, which sits, has participated in a meeting of the College of Deputies, a vote is void.
3 When making choices of persons, delegates or their alternates, who have not been duly completed, shall, for the purposes of this Article, be deemed to have taken part in the vote.
4 A vote shall be valid irrespective of the number of delegates or their alternates, who participated in it, in the event of a re-vote on a proposal or on an appointment, in respect of which a vote was taken on the basis of a previous sitting. of the provisions of the second paragraph was void.
1 For the adoption of a decision by vote, an absolute majority shall be required of the members, who took part in the vote.
2 For the purpose of the choice of persons, members shall be deemed not to have taken part in the vote for the purposes of this Article, who shall not have duly completed the letter or not.
1 In the case of a strike of votes on cases, subject to the provisions of Article 38, second paragraph , the adoption of a decision has been postponed to a subsequent meeting, in which the deliberations may be reopened.
2 In this, and likewise in a plenary assembly, subject to the provisions of the Article 38, second paragraph In the event of a cessation of the vote on cases, the proposal was deemed not to have been adopted.
1 In the vote on persons, two members shall be referred to as voting ers in the meetings of the President.
2 The poll numbers shall be examined whether the number of notes is equal to that of the members in the present day.
3 There are as many separate votes as individuals to choose from. The vote on the blanket of the general council or of a blanket of order in the arrondissement will be the first place.
4 In case of doubt about the contents of a note, the chairman shall decide.
5 A majority of votes shall not be valid when the sitting decides that there may be any difference of influence between the number of notes and that of those present.
If no one has obtained an absolute majority by the first vote, a second free vote shall be taken.
7 Is not obtained by an absolute majority, the vote is fixed to the two persons who have obtained the most votes in the second vote, or, most of the votes are divided between several persons, all of them thus being divided into the The majority of the votes have long-term.
8 If this does not result in a majority vote, a fourth vote shall be held on two persons who have the most votes in the third vote.
9 If, by the third or fourth votes, two or more persons have obtained the same number of votes, fate shall decide.
1 The dean of order in the arrondissement is entrusted with the supervision of compliance by lawyers who hold office in that arrondissement of the particular by or under this law including supervision of the care they belong to as lawyers. I would like to point out that, in relation to those whose interests they represent or belong to, violations of the rules of the Dutch order of lawyers and any act of action or failure to act do not fit a proper lawyer.
2 The dean is also entrusted with the supervision of compliance with or under the conditions of Law for the prevention of money laundering and financing of terrorism .
3 For the purpose of keeping the supervision referred to in paragraph 1 above, the lawyer, his staff and staff, as well as other persons involved in the professional exercise, are not subject to the obligation of professional secrecy, Article 11a . In that case, the blanket and the staff, staff and other persons who are disabled by him for the purposes of the supervision shall be subject to the obligation of professional secrecy, as provided for in Article 11a.
The blanket of the general counsel may give directions to the blanket order in the arrondissement, heard the remaining members of the college of supervision, relating to the exercise of the duties. Article 45a .
1 The court of discipline suspends at the request of the college of supervision a blanket in task exercise due to the Articles 45a, first or second paragraph , and 46c , if and for so long:
(a) he is in custody;
b. he has not yet become irretrievably convicted of a criminal offence or has been a measure of deprivation of liberty in the case of such a judgment; or
(c) he has not yet become an irrevocable judicial decision under receivership, has been declared bankrupt in respect of his or her natural persons, has been declared bankrupt, he shall be the subject of a judicial review of the the payment has been made, or has been taken as a result of debts.
2 The court of discipline may, at the request of the college, suspend a blanket in the exercise of duties under the Articles 45a, first or second paragraph , and 46c , if:
a. A criminal investigation of a crime against him has been established; or
b. there is another serious suspicion of the existence of facts or circumstances that could lead to dismissal.
3 The Court of Appeal shall terminate, on request, or on its own initiative, a suspension as referred to in the first or second paragraphs when the ground for such an expiry has expired.
4 The court of discipline shall, at the request of the college, discharge a blanket of duties on the part of the court of justice. Articles 45a, first or second paragraph , and 46c , if:
a. The blanket has become irrevocable when a criminal judgment has been irrevocably delivered, or has been a measure of deprivation of liberty in the case of such a judgment; or
b. the blanket has been placed at irrevocable court judgment under receivership, has been declared bankrupt in the face of bankruptcy, has been declared to be natural persons subject to the debt restructuring scheme, he surseance of payment has been acquired, or has been held hostage because of debts.
5 To a decision of the court of discipline pursuant to this article may be by any interested party Article 8: 1 of the General Administrative Law Act Proceedings shall be brought before the courts. Article 7: 1 of the General Administrative Law Act does not apply.
6 Where the court of discipline applies the first to fourth members, the exercise of duties shall be the responsibility of the Articles 45a, first and second members , and 46c observed by the in Article 23, first paragraph , as a member of the Council of the Order in the Arrondissement.
1 The College of Supervision may hold the annual meeting of the order, intended Article 22, second paragraph , ask in writing to dismiss the blanket of order in the arrondissement and to choose a different blanket in his place, for failure in the performance of duties under the Articles 45a, first or second paragraph , or 46c , because of incapacity or incapacity for the function or any other major reason in the person of the person concerned.
2 The application referred to in paragraph 1 shall be addressed to the Article 23, first paragraph , as a member of the Council of the Order in the Arrondissement. The annual meeting of the order in the Arrondissement shall meet within six weeks of the submission of the request to decide on the request.
1 The College of Supervision establishes a revenue and expenditure account and a budget which is required to be approved by our Minister for Security and Justice, after hearing the General Council.
2 The decision on the approval referred to in the first paragraph shall be decided on: Section 10.2.1 of the General Administrative Law applicable mutatis mutandis.
3 When applying the first paragraph, the blanket shall not be part of the general council.
1 The College of Monitoring adopts a plan of work each year, as well as a report of work, in which, in any event, the policy pursued in general and the effectiveness and effectiveness of its work and operation, in particular, in the last year.
2 The work plan and the report are sent to our Minister of Security and Justice, the General Council, the College of Deputies and the councils of the orders in the arrondissements, and are also widely available.
1 The blanket may for the violation of certain by or under a regulation as referred to in the Articles 9b, sixth paragraph , 9c, second member , and 28, second paragraph, parts (a) to (d) , impose an administrative penalty or a charge under penalty payments.
2 The administrative penalty shall not exceed an amount of the fine of the third category, as referred to in Article 4 (2). Article 23 (4) of the Code of Criminal Law .
3 An administrative fine is not imposed if a complaint against the lawyer has been lodged against the same conduct on the basis of Article 46c .
4 The amount of administrative fine imposed and the charge to be forfeited shall be paid for the benefit of the Dutch order of lawyers.
The college of oversight shall establish policy rules for the exercise of the tasks under Article 45a, first and second paragraphs , and 46c .
1 The College of Supervision oversees the functioning of the supervision referred to in Article 45a and the complaint handling by the blanket due to Article 46c .
2 The dean of order in the district shall provide the college with all the information it reasonably requires for the exercise of the task referred to in the first paragraph.
Lawyers shall be subject to disciplinary action in respect of any action or omission contrary to the care they are taking as a lawyer in relation to those whose interests they represent or belong in such matters, in the matter of such matters. of infringements of the provisions of, or pursuant to, this Act and the Law for the prevention of money laundering and financing of terrorism , the regulations of the Dutch order and on the matter of any act or omission that a proper lawyer does not behoove. This disciplinary case is exercised at first instance by the boards of discipline and appeal, also in the highest resorder, by the court of discipline.
1 In the jurisdiction of each court is a council of discipline, whose jurisdiction coincrelates with that of the court of justice and which exercises disciplinary action at first instance in relation to lawyers, office-holding in that area.
2 A council of discipline is established in a place to be determined by general management of the administration within the jurisdiction. A council of discipline can also sit outside the place of establishment.
3 With regard to the members-lawyers, the deputy members-lawyers and the Registrar of the Boards of Discipline, to the extent that this lawyer is, the disciplinary caselaw shall be exercised at first instance by a Judge of the Court of Justice of the discipline in the wake of an initiated complaint of its own motion to appoint other Board of Discipline. From such a reference, the chair of the court of discipline informs the designated council of discipline, to the board of discipline of which the defendant is a member-lawyer, deputy member or Registrar, to the blanket order in the arrondissement where the accused lawyer holds office, and to the complainant.
4 Designation of another Board of Discipline According To The Third member also occurs if a complaint relates to a blanket within the jurisdiction of a council of discipline or comes from a member lawyer, an alternate member. member-lawyer or the Registrar of a Board of Discipline.
5 If the complaint has been filed against or concerns multiple lawyers who hold office in different offices or if between complaints such a connection is such that reasons of effectiveness are a joint treatment justify, the court of discipline may designate a board of discipline that handles the complaint or the complaints. The third paragraph, second sentence, shall apply mutatis mutandis.
1 Each Board of Discipline shall consist of a chairperson, not more than 13 deputy chairmen, no more than 16 members ' lawyers and no more than 30 alternate members-lawyers. The Chairman and deputy chairmen of the members-lawyers and alternates-lawyers of a Board of Discipline shall be replaced by alternates of the chairmen of the members of the Board of Directors of the the other councils of discipline.
2 The chairman and deputy chairmen are appointed by our Minister of Security and Justice for the time of four years from members of the judiciary with jurisdiction.
3 The members-lawyers and alternate members-lawyers can only hold his lawyers who hold office within the jurisdiction of the board concerned, who have been registered in the Netherlands for more than five years.
4 The members-lawyers and deputy board members-are being held by the college of deputies in the Article 19, first paragraph , chosen from the orders of the councils of the orders of the arrondissements for the period not exceeding four years. The election shall be conducted in accordance with the objective of a regionally responsible composition of the Boards of Discipline.
5 The President and deputy chairmen shall be reappointed once immediately after their resignation.
Six of the members-lawyers and substitute members-lawyers shall, in accordance with a schedule to be established by the Board of Discipline Concerned, issue a fourth part of each year.
7 The President, the deputy chairmen, the members-lawyers and the substitute members-shall in any case resign from the following month following the one in which they reached the age of seventy years.
8 If the seat of chairman or deputy chairman becomes vacant in the intervening period, our Minister for Security and Justice shall give notice as soon as possible in the vacancy.
9 Vacancies, which have an interim effect, shall provide the College of Deputies as soon as possible, if necessary in an extraordinary meeting. In doing so, it is not subject to a proposal.
10 Those who have been appointed to carry out an interim review shall take place at the time of the resignation of those in whose place they were appointed.
11 The President, the deputy chairmen, the members-lawyers and the substitute members-lawyers shall remain in office after the expiry of their term of office until the place vacated by their resignation has been completed. They shall remain competent to take part in the further examination and decision of complaints, in respect of which they have already taken part in their resignage, after their resignage, even after the places they have left open.
12 The membership or deputy membership of a council of discipline is not compatible with the membership or deputy membership of the court of discipline, an organ of the Dutch order of lawyers or an organ of the orders of the arrondissements, except for the annual meeting of the order, referred to in Article 22, second paragraph .
13 Between the chairman, deputy chairmen, the members ' lawyers and deputy board members-lawyers of a council of discipline should not exist the ratio of spouses or registered partners, blood or relatives to third parties. degree enclosed, a partnership or other lasting partnership to exercise the profession of lawyer or the ratio of employer to employee.
14 In the Articles 46c, second paragraph , 46d, second member , 46f , 46i, with the exception of the first paragraph, , 46j , 46l, first and third members , 46m , 46o and 46p of the Law on Civil Law It shall apply mutatis mutandis to the President, deputy chairmen, the members of the council and the deputy lawyers of the Board of Discipline.
15 The members-lawyers and deputy board members-lawyers of the council of discipline can be dismissed on the grounds indicated in the Articles 46c, second paragraph , 46d, second member , 46i, with the exception of the first paragraph, , 46j , 46l, first and third members , and 46m of the Law on the legal position of the judicial authorities . In addition, membership of the members-lawyers and substitute members-will cease to be lawyers as soon as they have ceased to be a lawyer.
16 The Board of Discipline appoints and dismisses its Registrar and provides for his/her replacement in the event of his absence or absence.
17 The Articles 13a , 13b, except for the first paragraph, parts b and c, and fourth member , and 13c to 13g of the Law of the Judiciary shall apply mutatis mutandis to conduct of the President, the deputy chairmen, the members-lawyers and the alternate members-lawyers, with the exception that:
a. For the corresponding application of those articles under "the relevant judicial authority", the chairman of the Board of Discipline; and
b. The Attorney General is not obligated to the request, intended in Article 13a , to be complied with, if the applicant is reasonably insufficiently interested in an investigation as referred to in that Article.
1 Complaints against lawyers shall be filed in writing to the blanket of the order to which they belong. If so requested by the complainant, the blanket shall be helpful to him in the writing of the complaint. If a complaint needs clarification, the blanket shall be helpful to the complainant at the latter's request.
2 If, upon submission of the complaint, the complainant so requests, the blanket shall immediately inform the Board of Discipline, without prejudice to the provisions of the third paragraph. The blanket informs the complainant about this in the submission of the complaint.
3 The blanket exposes an investigation into any complaint filed with him.
4 The dean is empowered to refer a complaint to him to a member of the council of order in the arrondissement, in order to investigate and deal with it in the manner described as in this article and the Articles 46d and 46th described.
5 Complaints against a blanket are submitted to or immediately forwarded to the chair of the court of discipline. The Chairman refers the matter to a blanket of a different order, in order to investigate and deal with her in accordance with the provisions of this Article and the Articles 46d and 46th . After examination and handling, the blanket to whom the case is referred brings the complaint to the board of discipline in the resorder to which he belongs.
6 The council of the order in the district shall ensure sufficient notice in the district of the place and the time when the blanket or, in the absence of, or inability to do so, his deputy is sitting.
1 The blanket always tries to settle the complaint in der minne, unless it is in accordance with Article 46c, second paragraph is immediately notified to the Board of Discipline.
2 If an amicable settlement proves possible, it shall be filed in writing and by the complainant, the lawyer against whom the complaint has been lodged and signed the blanket. By a friendly settlement thus established, the competence of the complainant to request the application of the complaint to the Board of Discipline is void.
3 If after three months after the lodging of the complaint with the blanket no amicable settlement has been reached, the complainant may request the blanket to bring the complaint to the notice of the Board of Discipline. Unless application is given to Article 45g, first paragraph , in that case, gives the blanket application to the fourth member. The blanket always brings the complaint to the board of discipline if no application is given to Article 45g, first member, and it is likely that an amicable solution cannot be reached or if, in its opinion, the contents of the Complaint makes an amicable solution undesired or impossible. The blanket informs the complainant about this in the submission of the complaint.
4 Blanket brings the complaint in writing to the Board of Discipline and informs the lawyer concerned and the complainant thereof in writing. The complaint may be sent electronically to the Board of Discipline to the extent that the Council has indicated that this road has been opened. The Articles 2:14 to 2:17 of the General Administrative Law shall be applicable mutatis mutandis, except that 'governing body' shall be replaced by the following: 'Council of discipline'.
5 The complaint shall be filed and signed and shall contain at least:
a. The name and address of the complainant;
b. the name and working address of the lawyer against whom the complaint is addressed, to the extent known to the complainant;
c. as clearly as possible, description of the complaint and the facts on which it rests.
6 At the same time as the complaint, all documents relating to the case shall be submitted to the Board of Discipline.
7 The complaint shall state whether the complaint has previously been submitted to the organisation within which the lawyer operates or to a complaints or litigation body to which the lawyer or his organisation is affiliated. If this has not been the case, the complaint shall, if possible, be mentioned in the complaint. If this has been the case, the outcome of the procedure shall be indicated, if possible with the addition of the relevant documents.
8 If, on the basis of his examination, the blanket considers that the complaint is manifestly unfounded or of insufficient weight, it may give a reasoned statement to the complainant, the lawyer concerned and the Board of Discipline.
9 The Board of Discipline May, Of Its Own Motion, Supplement The Complaint.
1 Before bringing a complaint to the attention of the Board of Discipline, the blanket of the complainant defies a Registry fee of € 50. The registry office comes to the benefit of the Board of Discipline.
2 The blanket points the complainant to the chargeability of the Registry and informs him that the amount due shall be credited to the document published for that purpose within four weeks of the date of dispatch of his notice. bank account number.
3 When application is given to Article 46n, second paragraph , as part of the amicable settlement by the parties, it may be determined that the Registry paid by the complainant shall be reimbursed by the lawyer.
4 If the complaint is fully or partially based, the charge paid by the complainant shall be reimbursed by the lawyer concerned.
5 By way of derogation from the first paragraph, no Registry shall be collected if the complaint comes from the blanket.
6 Our Minister for Security and Justice may amend the amount referred to in paragraph 1 in so far as the Consumer Price Index gives rise to this.
If the blanket has been informed of objections to a lawyer outside the case of a complaint, he may bring them to the attention of the Board of Discipline. He shall inform the lawyer who has raised the objections in writing.
(1) If the lawyer for whom a complaint has been lodged or against whom objections exists under the national law of another Member State of the European Union or of another State which is a party to the Agreement on European Economic Area implementing Article 3 of Directive 98 /5/EC of the European Parliament and of the Council of the European Union of 16 February 1998 to facilitate the permanent exercise of the profession of lawyer, has the Council of Ministers to register its order in the arrondissement before the beginning of the disciplinary procedure of the competent authority in that Member State or Member States, of the intention to initiate disciplinary proceedings against the lawyer, and shall provide that authority or authorities with any appropriate procedure; information.
2 If the lawyer has registered in Switzerland in accordance with the agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, on the other, of the Agreement concluded on 21 June 1999, movement of persons, the first paragraph shall apply mutatis mutandis.
1 The Registrar of the Board of Discipline Sends as soon as possible a copy of the complaint, the documents attached thereto and any additions thereto to the lawyer against whom the complaint is addressed and the blanket of order to which the person concerned Lawyer belongs.
2 No copy is required to be sent to the blanket to the extent that the complaint has been filed by him, or if application is given to the particular Article 46i, first paragraph .
1 A complaint shall be declared inadmissible by the Chairman of the Board of Discipline:
a. if the complaint is lodged after the three years following the date on which the complainant has taken knowledge or has been able to take reasonable knowledge of the action or omission of the lawyer to which the complaint relates; or
b. to the extent that it relates to a conduct for which a fine has been imposed as a result of Article 45g, first paragraph .
2 In respect of a complaint lodged after the expiry of the period referred to in point (a) of the first paragraph, an inadmissible declaration shall be omitted on the basis of such action if the effects of the act or omission reasonably have been known subsequently has become. In such a case, the period for lodging a complaint shall be one year after the date on which the consequences have reasonably been known to have become known.
3 A complaint may be dismissed as inadmissible:
a. if the complaint is not complied with by any legal requirement for the complaint, provided that the complainant has had the opportunity to recover within a reasonable period of time the failure to act; or
b. if the complaint relates to the amount of a declaration and a dispute has already been or may be submitted to a complaints or dispute settlement body as intended in Article 28, second paragraph, point (b) Or for which this road has been open.
1 Against a decision as referred to in Article 46g, first paragraph, introductory wording and point (a) , the complainant, the lawyer concerned and the blanket may, within thirty days of the date of dispatch of the copy of the judgment, give written reasoned opposition to the Board of Discipline.
2 Before deciding on the resistance, the Board of Discipline Shall inform the persons and bodies referred to in paragraph 1 in the opportunity to be heard.
3 The resistance shall be dealt with in a composition of the Council, of which the persons who have taken the decision referred to in paragraph 1 shall not be part.
4 The decision on opposition shall state the reasons on which it is based and shall cover:
a. Non-admissible declaration of the resistance;
b. Unground Declaration of Resistance; or
(c) based on the objection.
(5) If the Council declares the opposition inadmissible or unfounded, the decision against which opposition was opposed shall remain in force.
6 If the objection is declared well founded, the decision against which opposition was made shall lapse and the proceedings shall continue.
7 No appeal shall be open to the judgment of opposition. A copy of the decision shall be forwarded to the Registrar of the Council without delay to the persons and bodies referred to in paragraph 1.
8 By way of derogation from paragraph 6, the Council may decide immediately on the complaint if the objection is well founded and if further investigation or treatment cannot reasonably contribute to the assessment of the complaint.
1 If the complaint lenes to the judgment of the President of the Board of Discipline To That End, and the complaint shows that the complaint has not yet been submitted to any body competent to hear complaints or disputes on the basis of a complaint, the Arrangement referred to in Article 28, second paragraph, point (b) , the President may decide to place the complaint in the hands of the competent authority. He shall give a written notice to the complainant, the lawyer and the blanket.
2 If the chairman gives application to the first member, he shall be responsible for the documents relating to the case to the complaints or the dispute settlement body. The decision shall suspend the period provided for in Article 46g, first paragraph, point (a) . No appeal against the decision is open.
1 To address the complaint at the hearing, the chairman of the Board of Discipline May Decide That:
(a) the Council appears to have no jurisdiction;
b. The complaint appears to be inadmissible;
(c) the complaint is manifestly unfounded; or
d. The complaint is manifested of insufficient weight.
2 The decision referred to in paragraph 1 shall state the reasons on which it is based. The provisions of the fourth paragraph shall be taken into account.
3 The decision shall immediately send a copy to the Registrar of the Council to the President of the Court of Ministers of the Article 46i, first paragraph, second sentence , persons and bodies referred to.
4 Article 46h shall apply mutatis mutandis to the decision in the first paragraph.
1 The Chair of the Board of Discipline may allow the relevant lawyer to submit the copy of the copy of the complaint in accordance with the rules of law. Article 46fb, first paragraph -to file a defence. A copy of the defence shall be forwarded by the Registrar of the Council to the complainant and the blanket.
2 If application is given to paragraph 1, the President may give the complainant the opportunity to replicate within four weeks of the dispatch of a copy of the defence. The Registrar shall send a copy of the reply to the lawyer and to the blanket, to the extent that it is not the complainant.
3 If application is given to paragraph 2, the President shall give the lawyer concerned the opportunity to duplicate a copy of the reply within a period of four weeks from the date of dispatch. The Registrar shall send a copy of the rejoinder to the complainant and to the blanket.
4 The President may extend the time limits specified in paragraphs 1 to 3 above or allow time to be taken at another time if it appears that there is reason to do so.
1 Unless application is given to Article 46g , 46i , or 46j , may the chair of the Board of Discipline, upon sending a transcript of the complaint on the basis of Article 46fb, first paragraph -To order a preliminary investigation.
2 If application is given to paragraph 1, the Chairperson shall forward the preliminary examination to the blanket of the order to which the lawyer concerned belongs, unless he considers that there are grounds for the inquiry to be carried out on:
a. the blanket of a different order;
b. A Deputy Chairman;
c. One or more members or deputy members of the Board of Discipline; or
d. The Registrar.
3 The President shall determine the scope of the preliminary investigation. The preliminary examination may extend to other facts other than those mentioned in the complaint.
4 The examiner may ask the President to modify the scope of the preliminary examination, within the limits of the complaint as it stands at that time.
5 The examination shall be concluded by the submission of a report to the chairperson by the forinvestigator.
6 The chairman may decide that the preliminary examination will be suspended or terminated before the report is released.
1 The chair of the Board of Discipline may give the preexaminer instructions.
2 On the preliminary examination and the forinvestigator are the Articles 5:13 to 5:17 and 5:20, 1st member, of the General Law governing law applicable mutatis mutandis. When carrying out a preliminary examination, the Chairperson shall determine the powers which the examiner may exercise on behalf of the Board.
3 For the purpose of carrying out preliminary investigations by the examiner, the lawyer, staff and staff concerned, as well as other persons involved in the exercise of professional activity, shall not be subject to the obligation of professional secrecy, to the obligation of professional conduct of the person concerned. in Article 11a . In that case, the investigator in question shall be subject to a duty of professional secrecy, as referred to in Article 11a, and Article 218 of the Code of Criminal Procedure applicable mutatis mutandis.
4 In the conduct of the preliminary examination, a copy of the burden of carrying out the examination shall be shown to the lawyer concerned if possible.
5 The examiner shall give the complainant and the lawyer concerned the opportunity to be heard.
6 A member or an alternate member of the Board which has conducted a preliminary examination in a case shall not participate in the proceedings of that case on the grounds of the nullity of the Council's decision in that case.
7 If the complaint has been lodged by the blanket, the preliminary examination is not assigned to him. In that case, the chairman shall carry out the preliminary examination of one of the persons referred to in the first paragraph of this Article. Article 46l, second paragraph, part (a) to (d) .
1 The chairperson of the Board of Discipline May Carry Out The Lead Investigator ' s Office to examine whether the complaint can be amicable. The President may also examine the possibility of an amicable solution to the complaint to the Council.
2 If an amicable settlement of the complaint proves possible, it shall be in writing and signed by the complainant and the lawyer concerned. A copy thereof shall be sent to the Registrar of the Board, as well as to the dean and the supervisory board.
3 With the signing of the amicable settlement, the complaint is deemed to have been withdrawn. Article 47a, second, third and fourth members , shall apply mutatis mutandis.
1 The treatment and decision of disciplinary matters shall be taken, under penalty of nullity, by the chairman or one of the deputy chairmen, as well as of two members-lawyers or substitute members-lawyers. If, in the judgment of one of those members, the case is inappropriate for consideration and decision by three members, the proceedings shall be continued by five members, including the Chairman or one of the deputy chairmen. If circumstances have been prevented by the President or alternate chairman after the start of the case, the chairman may be replaced by a deputy chairman.
2 The Articles 512 to 519 of the Code of Criminal Procedure in respect of the President, the deputy chairmen, the members-lawyers and the alternate members-lawyers shall apply mutatis mutandis.
1 The complainant may withdraw his complaint until the ruling by the Board of Discipline. The Registrar of the Council shall send a copy of this to the lawyer concerned and, to the extent that he was not the complainant, the blanket.
2 If the complaint is withdrawn, treatment shall be discontinued unless:
(a) the lawyer concerned has stated in writing to require continuation of the treatment; or
(b) the Council decides on grounds of public interest that the treatment of the complaint is continued.
3 The council takes a decision to continue the treatment of a complaint for reasons of public interest not after he has given the lawyer concerned and, to the extent that he was not the complainant, the blanket had the opportunity to take a (a)
4 If, for reasons of general interest, it is decided to continue the complaint, the Board may determine that the blanket is to be considered as the complainant for the continuation of the case.
5 If the lawyer concerned dies, the treatment of the complaint shall be suspended.
6 If the complainant dies, the Board may decide for reasons of public interest that the treatment of the complaint is continued. The third and fourth paragraphs shall apply mutatis mutandis.
7 A decision to continue the treatment of a complaint does not constitute an independent remedy.
1 No one shall be liable, as a result of the provisions of this paragraph, to disciplinary action for an act or omission which has been the subject of a final decision of disciplinary action in respect of which he has been made final.
2 The first paragraph shall not apply:
a. if a complaint has been made about the action or failure to act and is also to be applied to Article 60ab, first and second paragraphs ;
b. if application is given to Article 60ab, first and second paragraphs On the basis of Article 60ab, fifth paragraph, a complaint concerning the acts or omissions in question shall still be lodged.
3 If application is given to Article 60ab and afterwards the complaint is well founded, in determining the measure as referred to in Article 48, second paragraph , taking into account the suspension already imposed in the exercise of practice or provisional provision in relation to the exercise of practical application.
(1) If a lawyer is a measure intended to Article 48, first paragraph, parts d or e , either imposed on or on the basis of Article 60ab, first paragraph , or 60b, 1st Member The person concerned shall remain subject to disciplinary action in respect of any act of action or failure to act during the period when the practice is suspended in the exercise of the practice or the provision of a provisional provision relating to the practice of practice. he worked in the exercise of the profession.
2 Lawyers who are no longer registered as such in accordance with Article 1, first paragraph , continue to be subject to disciplinary action in respect of any act of action or omission during the time when they were registered.
1 The decisions of the Board of Discipline on the complaints submitted are reasoned and stated in public, all under penalty of nullity.
2 The measures which may be imposed on the basis of a complaint shall be:
a. A warning;
b. a reprimand;
(c) a fine;
d. the suspension in practice for a maximum period of one year; or
e. the removal of the tableau.
3 The Council may provide that, in spite of the substance of a complaint, no measure is to be imposed.
4 The measure of a fine may be imposed at the same time as another measure.
5 If any by Article 46 Application of a measure referred to in point (b) to (e) of the second paragraph of the decision to make the measure imposed, whether or not with the grounds on which the measure is to be adopted, is subject to the protection of the measure. it shall be based on the manner in which it is to be determined.
6 If the Board declares the complaint fully or partially based and imposes a measure as referred to in paragraphs a to e, it may, in its decision, record that the costs, or some of them, which the complainant may incur in connection with the treatment of the complaint has had to be reasonably incurred by the lawyer to whom the measure is imposed on the complainant and the costs, or part thereof, to be charged to the Dutch order of lawyers in connection with the complaint treatment of the case, by the lawyer to whom the measure is imposed on the Dutch order of lawyers shall be reimbursed. Detailed rules on the implementation of the decision of the Board may be laid down in the context of, or under a general measure of management of the Board.
7 The implementation of measures in accordance with this Article shall be carried out first as soon as they have entered into force of res judiced.
8 The suspended lawyer may not hold the title of lawyer during the suspension.
9 The suspension of the exercise of the practice entails a loss of relations, where the status of a lawyer is required for electability or need to be required.
10 The Council, if so requested by the complainant, shall state in its decision on a reasoned and reasoned opinion whether the lawyer against whom the complaint has been lodged has taken care of him with due care and in the event of adequate legal aid. The Council may, on its own motion, make such a statement of its own motion if it considers sufficient grounds to do so.
1 When imposing the measure of suspension in practice, the Board of Discipline may, both in respect of this measure and of the prohibition of the title of lawyer, state that this measure is wholly or for a part will not be implemented by the Board of Discipline Unless The Council Of Discipline Was Later Decided Otherwise on the ground that the lawyer concerned is before the end of a probation decision to be given in the decision Article 46 has failed to comply with the said conduct, or has failed to comply with any special condition which has been permitted in the decision.
2 The probationary period shall not exceed two years. It shall take effect as soon as the decision has been made in force of res judiced.
1 The fine referred to in Article 48, second paragraph, part c , shall not exceed the amount fixed for the fourth category, as specified in the Annex. Article 23 (4) of the Code of Criminal Law .
2 The decision to impose the fine shall set the time limit within which and the manner in which the amount is to be paid. At the request of the lawyer concerned, the chair of the Board of Discipline May Extend The Term.
3 The amount of the fine imposed shall be paid for the benefit of the State.
If the fine is not paid within the period laid down in the second paragraph, the Council may, after having given the lawyer concerned the opportunity to be heard, decide on that basis of its own motion a measure as referred to in Article 4 (2) of the Article 48 (b) (c), (d) or (e) -To set it up.
1 The decision to impose a fine shall provide an enforceable title, which shall apply in the case of: Law of Civil Procedure may be implemented.
2 In the case of a general measure of management, detailed rules on the implementation of the decision referred to in the first paragraph shall be laid down.
1 In the case of the imposition of the Article 48, second paragraph , mentioned measures may the council of discipline, by derogation from Article 48a, first paragraph -if the special condition states that the lawyer concerned shall, in whole or in part, make good any damage caused by him to a sum of up to or less than 5 000 within a period to be determined by the Council, less than the duration of the period probation, and on a manner to be determined by the Board.
2 In addition, the Board of Discipline shall be empowered to decide on any other special conditions, the practice of the lawyer concerned during the probationary period or any part of the decision to be determined by the judgment.
1 The blanket oversees the fulfilment of the conditions, intended in Article 48b . If the lawyer concerned is the blanket, it will be Article 23, first paragraph , referred to as a member of the Council of the Order in charge of ensuring compliance with the conditions.
2 The blanket or the other member of the order referred to in paragraph 1 shall, where the lawyer concerned fails to comply with the conditions during the probationary period, notify it to the Board of Discipline, with a claim of action if he considers it necessary.
The council of discipline that it is in Article 48a may, either on the basis of the claim of the person who Article 48c, first paragraph , monitoring the fulfilment of the conditions set out in Article 48b -shall, at the request of the lawyer concerned or of his own motion, change during the period of the probationary period in the special conditions set out.
The Board of Discipline Applying Article 48a provided that the measure imposed on a part to be determined by it will not be implemented, either on the basis of the person concerned with the application of the measure Article 48c, first paragraph , in respect of the fulfilment of the conditions referred to in Articles 48a and 48b Or, of its own motion, to charge that implementation will be carried out.
A decision as intended in the Articles 48d and 48th shall not be given after hearing, at least due to the appropriate summoning of the lawyer concerned and, in the case where the decision is concerned with the special condition for compensation in whole or in part, and the person concerned, the complainant. The hearing is also called upon by the person on the basis of Article 48c, first paragraph , monitoring the fulfilment of the conditions set out in Article 48b . On the hearing and the decision are the provisions of the Articles 49, second to the last paragraph , and 50 applicable mutatis mutandis.
A decision as intended in the Articles 48d and 48th is not subject to any appeal, to the extent that it is not part of any council decision of discipline in respect of another. Article 46 Conduct of conduct.
1 The Board of Discipline Shall take no decision than after the hearing or proper notice of the lawyer against whom the complaint has been lodged, and of the complainant.
2 The lawyer concerned and the complainant are competent to assist in the handling of the complaint by a counsellor. They and their advisers shall be given the opportunity to take notice of the procedural documents in good time. They shall be informed in good time by the Registrar of the Board of Discipline, where and when this opportunity exists.
3 The Council of Discipline may refuse to allow certain persons, who have recourse to the granting of legal assistance and not his lawyer, to admit to them as counsel. The treatment of the complaint shall be held in that case until the person concerned has been given the opportunity to replace the refused adviser. He shall be informed by the Registrar of the detention order and the reason for such action.
4 The council of discipline can call and hear witnesses and experts. The hearing of witnesses and experts may be directed to the Chairperson, the Deputy Chairman or any of the members or alternate members of the Board of Discipline.
5 At the request of the Board of Discipline The Officer of Justice shall subpoenaed them. Witnesses and experts are required to appear after a summons.
If a witness or expert is to appear on the summons, the D.A. shall, at the request of the Board of Disciplinary Proceedings, summons him again, at the request of the order to bring it to the notice.
7 Article 556 of the Code of Criminal Procedure shall apply mutatis mutandis.
8 The President swedes the witness, that he shall say the whole truth, and nothing but the truth; the witness is obliged to answer the questions asked. The expert is required to perform his duty impartially and in a way that is best known. Where application of the fourth paragraph, second sentence, is applied, the swearing-in of the witness shall be made by the relevant lawyer or deputy lawyer of the Board of Discipline.
9 On the witnesses and experts find the Articles 217-219 of the Code of Criminal Procedure corresponding application.
10 Witnesses and experts shall receive diselection on presentation of their summons or summons to pay compensation to the State by greying the D.A. in accordance with the conditions of the proceedings; Law Registry on Civil Matters Some.
11 The council of discipline handles the complaint in a public session. For important reasons, the Council may recommend that the treatment be wholly or partially closed.
The Registrar of the Council of Discipline Sends copies of the decisions of the Council by registered letter without delay:
a. to the lawyer concerned;
b. to the complainant;
c. to the blanket of the General Board;
d. to the Secretary of the General Council;
e. to the blanket of the order to which the lawyer concerned belongs;
f. to the college of supervision;
g. if the decision was given under a referral as referred to in Article 46a, third paragraph , or a designation as referred to in Article 46a, fifth paragraph, to the Board of Discipline Of Order of which the lawyer concerned is a member;
h. if the lawyer concerned is registered to the Legal Aid Board and to him a measure as referred to in Article 48, second paragraph , has been imposed and the decision imposing the measure has been res judiced in force or requires the Council of Discipline Transmission: to the Board of the Board for Legal Aid.
1 Costs assigned to the Presidency and the Deputy Presidency at ministerial level shall be borne by the State.
2 The travel and subsistence expenses of the members-lawyers and alternate members-lawyers of the Board of Discipline and of the Registrar shall be reimbursed and shall be charged to the Dutch order of lawyers.
1 The court of discipline shall be established in a place to be determined by a general measure of management. The court may form chambers for the fulfilment of its task. Rooms can also be held outside the site. The Court shall be composed of up to ten members appointed by our members, including the President and not more than six deputy chairmen, and four members-lawyers, as well as from alternate members appointed by us, and alternate members-lawyers, to the number of members deemed necessary by the College of Deputies, as the House deems it necessary.
2 The President, the deputy chairmen and the other members appointed by our members and alternate members shall be appointed from members of the judiciary for five years, with jurisdiction in charge of the judiciary. The members-lawyers and substitute members-are elected by the College of Deputies for the five-year time.
3 The court of discipline appoints and dismisses his Registrar and provides for his replacement in the event of his absence or absence.
4 The membership or deputy membership of the court of discipline or being of Registrar is not compatible with the membership or deputy membership of a council of discipline, an organ of the Dutch order of law. lawyers or an organ of the orders in the arrondissements, except for the annual meeting of the order, Article 22, second paragraph .
5 Article 46b, eighth to eleventh members , shall apply mutatis mutandis.
1 The President, the deputy chairmen and the members and alternate members shall take effect from the following month after they reach the age of 70 years. If, at that time, their term of office has not expired, they may, at their own request, remain in office until the end of the term of office of the term of office.
2 Between the President, the deputy chairmen, the members, alternates and the Registrar, no blood or adage may be up to and including the third degree. Furthermore, between the members-lawyers and the substitute members-lawyers should not be able to establish a partnership or other lasting partnership to pursue the profession of lawyer or the relationship between the employer or employee.
1 As members-lawyers and deputy court lawyers of the court of discipline are only electable lawyers, who have exercised over seven years of practice within the Empire and who have not yet established the age of seventy-years was reached.
2 The vote shall be taken in writing and for each individual member.
3 The alternate members of the court shall take part in the order of appointment or election.
4 Members of the General Council or of a council of the order in the district, who have been elected as member or deputy member of the court of discipline, resign as members of the relevant council when they accept the post. Members-lawyers or substitute members-lawyers of a council of discipline, elected as a member or an alternate member of the court of discipline, shall resign as a member of the 'Deputy' of the 'Deputy' as Deputy 'Deputy'. Member-lawyer of the Board of Discipline.
1 It in the Articles 46c, second paragraph , 46d, second member , 46f , 46i, with the exception of the first paragraph, , 46j , 46l, first and third members , 46m , 46o and 46p of the Law on Civil Law shall be applied mutatis mutandis to the members and alternate members of the court of discipline.
2 The members-lawyers and deputy board members-lawyers can be dismissed on the grounds indicated in the Articles 46c, second paragraph , 46d, second member , 46i, with the exception of the first paragraph, , 46j , 46l, first and third members , and 46m of the Law on the legal position of the judicial authorities . In addition, membership of the members-lawyers and substitute members-will cease to be lawyers if they have ceased to be a lawyer.
3 The Articles 13a , 13b, except for the first paragraph, parts b and c, and fourth member , and 13c to 13g of the Law of the Judiciary shall be applicable, mutatis mutandis, to conduct of the members and alternate members, subject to the understanding that:
a. for the corresponding application of those articles under the term "the relevant court" shall mean the chairperson of the court of discipline; and
b. The Attorney General is not obligated to the request, intended in Article 13a , to be complied with, if the applicant is reasonably insufficiently interested in an investigation as referred to in that Article.
1 The court of discipline watches against needless delay of the investigation by the councils of discipline.
2 It may produce the documents and set a time limit within which the decision must be taken.
3 If a Board of Discipline does not comply with it, the court may decide to take the matter up and decide in the highest regard.
1 Of the decisions of the council of discipline can take place for thirty days after the Article 50 The said copy shall be brought to the court of discipline by:
a. the complainant who has Article 46c, first paragraph , has filed the complaint that led to the decision, if the complaint is wholly or partially unfounded or if the complaint is based on the complaint, the complaint is based on the complaint Article 48, 10th paragraph , rejected;
b. The blanket;
(c) the lawyer to whom the decision was taken.
2 Of all decisions of the Board of Discipline May Also Be Appealed within the same time limit by the blanket of the General Board. He may be able to submit the documents in advance. It may, in the exercise of these powers, be replaced by a member of the General Council.
3 The appeal shall be brought by reasoned pleading, in seven times, to the Registrar of the Court of Discipline And be accompanied by six copies of the decision of which proceedings are to be taken. The Registrar shall immediately inform the institution of the appeal to the Board of Discipline which took the decision at first instance and, in so far as the appeal is not brought by him, to the blanket of the order to which the appeal is lawyer belongs, to the college of supervision, to the lawyer concerned and to the complainant. At the request of the court of discipline, the blanket shall provide a statement proving that disciplinary complaints have previously been lodged against the lawyer against whom the complaint has been lodged. If the lawyer has previously been subject to disciplinary action, the statement shall also state the measure imposed.
4 The proceedings and decisions of proceedings brought by a Chamber before the Court of Justice shall be held, under penalty of nullity, by the President or by one of the Deputy Presidents, as well as a member of the seat, and a lawyer or a member of the Court of Justice. Deputy Member of the Advocate. If, in the judgment of one of these members, the case is inappropriate for consideration and decision by three members, the proceedings shall be continued by five members, including the President or one of the deputy chairmen, and by two members. by our appointed members. If circumstances have been prevented by the President or Deputy Chairman after the start of the case, it may be replaced by an alternate member appointed by our appointed member or by our appointed Deputy Member.
5 If a appealed appeal is withdrawn, in case the measure of suspension is imposed in practice, determine the court of discipline, the lawyer concerned heard or properly called, the day on which the appeal is withdrawn. measure starting.
6 The Articles 512 to 519 of the Code of Criminal Procedure shall be in respect of the members of the court of discipline mutatis mutandis.
1 The chair of the court of discipline may appear to be inadmissible and appear to be manifestly unfounded, as well as actions which in his judgment will not lead to a decision other than those of the Board of Discipline, within thirty days of they have been set up, rejected by reason of a reasoned decision.
2 Article 50 shall apply mutatis mutandis.
The chairman may, in exercising the powers provided for in paragraph 1, replace him by a deputy chairman of the judiciary.
1 Against the decision in the previous article, the person who brought the appeal, as well as the blanket of the General Board within fourteen days of the dispatch of the copy of the decision, may make written opposition to the court of Discipline.
2 Article 46h, second to eighth paragraphs , shall apply mutatis mutandis, except that a copy of the decision to inadmissible or unconstitutional declaration is also sent to the blanket of the General Council.
1 The Court of Appeal shall decide not after hearing or due notice to do so by the complainant, the lawyer concerned and the person who has brought the appeal.
2 The treatment of the appeal in the appeal is the Articles 47a , 48 and 49 applicable mutatis mutandis.
4 The court of discipline may have the blanket and blanket of the general counsel, to the extent that this complainant has his or the appeal appealed, the forinvestigator as intended in Article 46l , as well as the Board of Discipline which has taken the decision against which the appeal is made, shall invite further information.
4 The court of discipline investigates on the basis of the decision of the Board of Discipline. The court may co-judge facts which the Board of Discipline Has Not Considered to be of a measure, and may examine unproven facts by the Board of Discipline.
If the court of discipline decides on the imposition of the measure of suspension, it shall, in accordance with the provisions of Article 48a Certain, in whole or in part, not implemented, the decision on enforcement is left to the Board of Discipline Which, at first instance, took the decision of the complaint. The Articles 48b to 48g shall be applicable mutatis mutandis.
The Registrar of the Court of Discipline Shall Transmit A Copy Of The Decision By Registered Letter Without Delay:
a. to the lawyer concerned;
b. to the blanket of the General Board;
c. to the Board of Discipline Which Dealt With The Matter At First Instance;
d. to the dean of the order to which the lawyer concerned belongs;
e. to the college of supervision;
f. if the decision was given at first instance under a reference as referred to in Article 46a, third paragraph , or a designation as referred to in Article 46a, fifth paragraph, to the chairman of the Board of Discipline, to which the lawyer concerned belongs;
g. if to the relevant lawyer who is registered with the Legal Aid Board, a measure as referred to in Article 48, second paragraph , either imposed or required by the Court of Discipline Transmission, to the board of the Board for Legal Aid;
h. to the complainant.
1 The measures of suspension in the exercise of the practice and the removal of the tableau shall be communicated by the Registrar of the Board of Discipline to the Secretary of the General Council as soon as the decision has been res judicata. with a view to processing on the tableau.
2 Blanket of the order to which the lawyer concerned belongs or, if the lawyer concerned is the blanket, the Article 23, first paragraph , referred to as a member of the Board of the Order shall ensure disclosure as intended Article 48, fifth paragraph .
3 In the case of application of the Articles 48a to 48g the communication, referred to in paragraph 1, and the disclosure referred to in paragraph 2, shall not be taken after the decision or the relevant part of the decision has been taken.
1 Costs designated by ministerial arrangement which are linked to membership of the members of our appointed members and alternate members shall be borne by the State.
2 The members-lawyers and substitute members-lawyers and the Registrar shall receive reimbursement of travel and subsistence expenses and further surpluses of the Netherlands order. In addition, the Registrar shall receive reimbursement of the Dutch order, the amount of which shall be determined by the General Council.
3 The other costs of the court of discipline shall be charged to the Dutch order, except that the costs arising from the professions referred to in the Court of Justice shall be Article 56, first paragraph, point (a) , reimbursed by the State to the Dutch order.
The preceding provisions of this paragraph, with the exception of Article 46fa , are also applicable to visiting lawyers as referred to in Article 16b , except that:
1. by way of derogation from Article 46 The Court of First Instance is subject to disciplinary action by the Board of Disciplinary Authority as regards the cooperating lawyer and, failing that, by the Board of Discipline In The Hague;
2. by way of derogation from Article 48, second paragraph , as measures may be imposed:
a. A single warning;
b. Berisping;
(c) a fine;
Suspension for a maximum period of one year in the jurisdiction of the Netherlands Article 16b carry out the work in question;
e. disqualification of the jurisdiction in the Netherlands Article 16b carry out the work in question;
3. in Article 48, fifth paragraph , certain of the disclosure also applies to the penalties referred to in paragraph (b) to (e) above;
(4) communications to the competent authority of the State of origin of the lawyer concerned may be requested of any necessary information on his/her professional conduct and knowledge of any decision taken, and without prejudice to the confidential nature of that information.
1 The Articles 46 to 46f , 46fb to 60 and the 60b to 60g shall apply mutatis mutandis to lawyers engaged in their activities under their original professional title as referred to in Article 16h .
2 By way of derogation from Article 48, second paragraph, part d , may be imposed as a measure of suspension for a maximum of one year in the jurisdiction of the Netherlands in the Article 16h carry out the activities referred to.
3 In Article 48, fifth paragraph , certain disclosure shall also apply to the measure referred to in the second paragraph.
4 The competent authority of the State of origin shall be in the cases referred to in the Articles 46h, fourth paragraph , 48f , 49 , 56, fifth paragraph , 57, 1st Member , 60b, 1st and Seventh Member and 60c, 3rd and 4th Member had the opportunity to express its opinion.
5 If the competent authority of the home Member State or the disciplinary court there has been temporarily or permanently deprived of the exercise of the profession lawyer, the lawyer concerned shall no longer have jurisdiction in respect of his action in the Netherlands under his to exercise his original professional title. The Secretary of the General Council shall, on a temporary basis, make the registration of the lawyer on a temporary or temporary basis. The Secretary of the General Council shall inform the competent authority of the State of origin of the cancellation.
6 Before establishing disciplinary proceedings in respect of the lawyer acting under its original professional title or a procedure for the improper exercise of the practice, the Council of the order shall, before the proceedings have been brought before the Court of Justice, where such a lawyer shall keep the competent authority of the State of origin of that lawyer informed without delay and shall provide it with all relevant information.
7 During the proceedings, the council of the order shall cooperate with the competent authority of the State of origin. The Fourth paragraph of Article 60a shall apply mutatis mutandis.
1 Upon request of the Dean of the Order to which the lawyer belongs, the Board of Discipline May The Lawyer against whom a serious suspicion has been raised of an act or omission resulting in any Article 46 damage or is likely to be adversely affected, with immediate effect, to suspend in practice or to provide a provisional provision with respect to the practice of the lawyer concerned, if the case interest protected by Article 46. He shall decide not after the hearing or proper notice of the lawyer and the blanket of order to which the lawyer belongs.
2 A request as referred to in paragraph 1 may also be lodged where a lawyer is in custody or has not been sentenced to an irrevocable or irrevocable judgment on a criminal offence or has not yet been sentenced to by such a ruling, it has been imposed on him by a measure involving deprivation of liberty, on the understanding that only a stay may be ruled out for the duration of the deprivation of liberty. The Registrar of the court of first instance which takes one of the decisions referred to in the first sentence shall, of that decision, notify the dean of the order in the district to which the lawyer belongs. The fifth paragraph shall not apply.
3 The blanket shall inform the lawyer concerned in writing of the request referred to in paragraphs 1 and 2, and of the grounds on which the request is to be made.
4 The Board of Discipline Shall be decided within 14 days of the application to it pursuant to the first or second paragraph. The Council of Discipline May extend this period to a maximum of the same period.
5 If the complaint or objection to the lawyer on which the serious suspicion has been raised has not already been notified in writing to the Board of Discipline, the Board of Discipline shall, in its decision on the judgment in the first paragraph, determine whether or not to shall also request a reasonable period of time not exceeding six weeks within which the blanket complaint or objection shall inform the Board of discipline in writing. If that time limit is exceeded, the decision shall expire on the application referred to in paragraph 1 of this Article. The Board of Discipline may, upon written request of the blanket, extend the term at most once with a reasonable period to be determined by him of no longer than six weeks. Paragraph 4 shall apply mutatis mutandis, with the exception of the Articles 46c, first paragraph , 46i to 46k and 46n .
6 At the request of the lawyer concerned, the Board of Discipline may at any time waive the suspension or temporary provision imposed by the first member. He decides not to be after hearing or due notice of the lawyer and the blanket.
1 The measure of suspension in practice shall be communicated by the Registrar of the Board of Discipline to the Secretary of the General Council for the purpose of processing the tableau.
2 The suspended lawyer may not hold the title of lawyer during the suspension.
3 Suspension in the exercise of practice shall mean loss for the duration of the suspension of relations, where the status of a lawyer is required for electability or need for appointment.
1 Against a decision on the basis of Article 60ab, first, second and sixth paragraphs , the lawyer concerned, the deacon of the order to which the lawyer belongs and the blanket of the general counsel may appeal to the court of discipline within thirty days of the dispatch of a copy of the judgment.
2 The appeal does not suspend the operation of the decision against which it is addressed.
Once the Board ' s decision of discipline on a complaint or objection raised by the blanket is referred to in the Article 60ab, fifth paragraph , in force of res judiced, the following shall expire on the basis of Article 60ab, first or second paragraph , suspension of suspension or provision of provisional duty.
1 This paragraph is applicable mutatis mutandis to visiting lawyers as intended in Article 16b , and to lawyers exercising their activities under their original professional title as intended Article 16h .
2 If the lawyer who intends to suspend him in the exercise of his or her practice or to make a provisional provision on the basis of Article 60ab, first and second paragraphs , under the national law of another Member State of the European Union or of another State party to the Agreement on the European Economic Area which gives effect to Article 3 of Directive 98 /5/EC of the European Parliament and of the Council of the European Communities Parliament and the Council of the European Union of 16 February 1998 to facilitate the permanent exercise of the profession of lawyer in a Member State other than that in which the qualification has been acquired has been registered, the Council shall draw up of the order before the start of the procedure, the competent authority in that Member State or Member States of inform the authority or authorities of any useful information to that effect.
3 If the lawyer has registered in Switzerland in accordance with the agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, on the other, of the Agreement concluded on 21 June 1999, movement of persons, the second paragraph shall apply mutatis mutandis.
4 The competent authority of the State of origin of the lawyer concerned shall be in the cases referred to in Article 60ab, first, second and sixth paragraphs , having given an opportunity to express its opinion.
(5) The competent authority of the State of origin of the lawyer concerned may require communications of the necessary information on his/her professional conduct and shall be notified of any decision taken, without prejudice to the confidential nature of that information.
1 The council of discipline may, whether or not after an examination in accordance with the 60c to 60g has taken place, at the request of the deacon of the order to which the lawyer belongs, a lawyer who, on a temporary or permanent basis, is not in a position to practise his practice properly, is to suspend for an indefinite period of time in practice or one or more provisions relating to the practice of the lawyer concerned which he considers to be required. The Board of Discipline may, at the same time, impose a provision on the imposition of a suspension. He shall decide not after hearing or due notice of the deacon of the order to which the lawyer belongs and of the lawyer concerned.
2 To deal with the case are the Articles 47 and 49, second to tenth members , mutatis mutandis. The treatment is done with closed doors, unless the lawyer concerned wishes to receive treatment in a public session.
3 On the dispatch of a copy of the decisions of the Board of Discipline referred to in the first paragraph, Article 50 applicable mutatis mutandis. In addition, the Registrar of the Board of Discipline, by registered letter, shall forward to the Secretary of the General Board without delay a copy of the decision relating to the suspension of the lawyer concerned, referred to in the first paragraph. processing on the tableau, and if the lawyer concerned is registered to the Board of Legal Aid, to the board of the Board.
4 Both the lawyer and the person who made the request referred to in paragraph 1 may appeal to the Court of Justice for a period of 30 days following the dispatch of a copy of the judgment against the decision referred to in the first paragraph. Discipline. The second sentence of the second paragraph shall apply. The treatment of the case is Articles 55 , 56, second, third, fourth and sixth member applicable. Article 57 with the exception of the reference in the second member to Article 47a and the First paragraph of Article 48 and with the exception of the fifth paragraph shall apply mutatis mutandis. Article 58, first paragraph, points (a) to (g) , shall apply except that the Registrar of the Court of Discipline to the Board of the Board of Legal Aid to which the lawyer is registered shall forward only a copy of the decision relating to the suspension. With a view to processing on the tableau, the Secretary of the General Council shall also receive a copy of the decision of the Court of Justice concerning the suspension of the lawyer concerned. The appeal does not suspend the operation of the decision against which it is addressed.
5 The suspended lawyer may not hold the title of lawyer during the suspension. The Ninth paragraph of Article 48 shall apply.
6 With regard to ensuring compliance with the provisions referred to in the first paragraph, Article 48c applicable mutatis mutandis.
7 At the request of the lawyer, the Board of Discipline may at any time lift the suspension or the facilities affected. He shall decide not to do so after the interview or due notice of the person who made the request referred to in paragraph 1 and the lawyer concerned. The second to fifth members shall apply mutatis mutandis.
8 The Articles 60d and 60th shall be applicable mutatis mutandis.
1 The blanket may ask the Chair of the Board of Discipline In Writing to investigate the condition in which the practice of a lawyer is located, if he has indications that a situation as referred to in Article 60b, first paragraph -It's happening. The application shall contain the grounds on which it is based.
2 Competent to file a petition is the blanket of order to which the lawyer belongs. If the lawyer involved is the blanket, it is Article 23, first paragraph , referred to as the member of the Council of the Order. The chairman of the Board of Discipline within whose jurisdiction the relevant solicitor office shall hold office shall be competent to take note. The chairman may, in exercising his or her powers, replace one of the deputy chairpersons.
3 The chairman shall decide on the request referred to in the first paragraph as soon as possible after the hearing or proper notice of the blanket and the lawyer concerned. The treatment shall be open to closed doors, unless the lawyer concerned wishes to receive treatment in a public session.
4 Against the decision referred to in paragraph 3, the lawyer concerned and the blanket may, within 14 days of the dispatch of a copy of the judgment, oppose the Board of Discipline. The third paragraph shall apply mutatis mutandis. The resistance shall not suspend the operation of the decision against which it is addressed.
1 When setting up an investigation as referred to in Article 60c, first paragraph the President of the Board of Discipline One Or More Rapporteurs shall appoint one or more rapporteurs for a maximum period of six weeks within which to report his or her report on the situation in which the practice of the lawyer concerned is to be delivered. is located. The President may, at the request of the rapporteur or of the rapporteurs, extend that time limit one time by not more than six weeks. For the purpose of carrying out the examination by the rapporteur, the lawyer, his staff and staff, as well as other persons involved in the exercise of professional activity, shall not be subject to the obligation of professional secrecy, as provided for in this Article. Article 11a . In that case, the rapporteur concerned shall be subject to a duty of professional secrecy, as referred to in Article 11a, and Article 218 of the Code of Criminal Procedure applicable mutatis mutandis.
The President shall determine the basis for the reimbursement of the rapporteur or rapporteurs appointed by the President of the decision, referred to in the first paragraph, and shall fix the amount which the investigation may incur at the most. Pending the examination, he may raise this amount at the request of the rapporteur or rapporteurs. The chairman may also provide that the lawyer concerned shall provide security for the payment of the costs.
3 The Board of Discipline Shall, subject to the second paragraph, fix the amount to be reimbursed in accordance with the fourth paragraph.
4 The lawyer concerned shall bear the costs of the examination, unless the Board of Discipline, on the basis of the results of the report, neither suspends the lawyer concerned nor strikes a facility as referred to in Article 4 (2). Article 60b, first paragraph whether the lawyer concerned is not in a position or is only partially able to bear those costs. In the latter case, the lawyer carries a part of the costs.
5 By way of derogation from paragraph 4, the Board of Discipline may, if it considers appropriate, provide that the lawyer concerned shall bear the costs of the examination in whole or in part, including when the Board is responsible for the examination of the costs of the examination. results of the report not decided on suspension or provision of a facility as referred to in the Article 60b, first paragraph .
6 The costs of the research not borne by the lawyer are reimbursed by the order in the arrondissement in which the solicitor office holds office.
7 If the court of appeal decides that there is no basis for the imposition of a suspension or the provision of a provision, the court of discipline may also provide that a whole or part of the costs of the investigation is to be taken worn by the order in the arrondissement in which the lawyer holds office.
1 The rapporteur and the persons appointed by him who shall accompany him shall be entitled to enter any place of practice of the lawyer concerned and shall be entitled to inspect the files, books, documents and other documents. data media relating to the practice of the lawyer of which the rapporteur considers that the knowledge in relation to the proper performance of his duties is necessary, including that of a grouping within which the lawyer has established his practice - The rapporteur is able to call for the aid of the strong arm.
2 The lawyer concerned and the lawyers with whom he forms a partnership, those who are employed by the lawyer or the association and the employer of the lawyer concerned shall be obliged to supply all the information requested provide the rapporteur with a view to the examination and provision of access to the data media referred to in the first paragraph. If the investigation-including a legal person-is based on the directors and directors of that legal person, the same obligation shall be imposed.
3 The lawyers with whom the lawyer concerned form a grouping shall be the subject of Articles 217 to 219 of the Code of Criminal Procedure applicable mutatis mutandis.
1 During the examination, the chairman of the Board of Discipline, at the request of the rapporteur or the rapporteurs, may make a provisional provision for the duration of the examination, if the importance of the inquiry is required.
2 During the examination, the Chair of the Board of Discipline, at the request of the Dean or Rapporteur or the rapporteurs, may make a provisional provision if he considers this to be necessary in relation to the situation of practice. This provision shall remain valid until a decision as referred to in Article 60b, first paragraph The President-in-Office of the Council shall be responsible for raising the provisional provision on the ground that it is no longer necessary in relation to the situation of the practice.
3 Against a decision referred to in paragraphs 1 and 2, the lawyer concerned and the blanket may, within 14 days of the dispatch of a copy of the judgment, oppose the Board of Discipline. Article 60c (3), third paragraph, second sentence , shall apply mutatis mutandis. The resistance shall not suspend the operation of the decision against which it is addressed.
1 The rapporteur shall send his report, which shall give a reasoned opinion on the situation of the lawyer's practice and if necessary one or more recommendations, to the President of the Council. The Registrar of the Council shall, without delay, forward to the lawyer concerned and to the blanket a copy of the report.
2 Except by the lawyer concerned and by the blanket to the council of the order of which he is a member, no communication from the report may be made to third parties without the consent of the Chair of the Board of Discipline. The rapporteur and those who have involved the rapporteur in the investigation, as shown in the investigation, are not more familiar with the task than the contract.
3 The council of discipline takes a decision as intended Article 60b, first paragraph , within four weeks of the receipt of the report.
4 Without prejudice to the competence of the President of the Council, a provisional provision as referred to in Article 60f, second paragraph If the Council decides to remove such a provision from the law as from the first day following the date of the expiry of the period specified in the third paragraph of this Article, the Council shall, if the Council so decides, decide on the Article 60b, first paragraph -Not taken.
(1) If the lawyer who intends to engage in a procedure relating to improper practice is in accordance with the national law of another Member State of the European Union or of any other State which is a party to the proceedings Agreement on the European Economic Area giving effect to Article 3 of the Agreement Directive 98 /5/EC of the European Parliament and of the Council of the European Union of 16 February 1998 to facilitate the permanent exercise of the profession of lawyer, has the Council of Ministers of the order before the beginning of the procedure inform the competent authority of that Member State or Member States of this intention and shall forward all relevant information to that authority or authorities.
2 If the lawyer has registered in Switzerland in accordance with the agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, on the other, of the Agreement concluded on 21 June 1999, movement of persons, the first paragraph shall apply mutatis mutandis.
In the case of a general measure of administration, rules shall be laid down in respect of lawyers ' suits.
This law is cited as: Advocatelaw.
Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Given at Paleize Soestdijk, 23 June 1952.
JULIANA.
The Minister of Justice,
H. MULDERIJE.
Issued the first July 1952.The Minister of Justice,
H. MULDERIJE.
