Law No. 3 Of 17 January 1948 To The Disbanding Of The Bars And The Establishment Of Colleges Of Lawyers In Romania

Original Language Title:  LEGE nr. 3 din 17 ianuarie 1948 pentru desfiinţarea Barourilor şi înfiinţarea Colegiilor de Avocaţi din România

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Law No. 3 of 17 January 1948 to the disbanding of the Bars and the establishment of colleges of lawyers in Romania'S PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 15 of 17 January 1948 Article 1 member of lawyers and lawyers from bar associations Union of Romania shall be abolished on the date of publication of this law.

Article 2 instead of Bars set up Colleges of lawyers on counties with headquarters in the capital of the County, and in place of the Union Association, Union College of lawyers in Romania, with the rights and obligations provided for in law No. 509 Septemvrie 5, 1940, to organize the body of lawyers in Romania and the law No. 416 of 31 July 1940, for the Organization and operation of the Central House of insurance lawyers from Romania.
These colleges, and Colleges Union are legal persons governed by public law.
The number of members of County colleges will be fixed by the Minister of Justice, who will be able to determine the number of members who will exercise the profession of advocate or defender under the mixed courts and rural.

Article 3 the former Heritage Inns and Bars the passing of this law, the effect upon the colleges and Colleges Union's replacement.

Article 4 the Minister of Justice will appoint interim Comisiuni, which will lead and manage Colleges and Colleges Union, according to the laws in force until the amendment of the law on the organisation of lawyers.

Article 5 interim Comisiunile will be composed as follows: Union College will have a Chair and 8 members; College, a Chair and 8 members; Colleges from counties with a Courtyard residence of Chairperson and eight members, and other Colleagues a Chairperson and four members.
Justice Minister about decision will be able to handle large number of members of the interim Committees after necessities.

Article 6 until Jan. 31, including lawyers and defenders will do and submit personally, except in case of force majeure, applications for registration in their respective colleges, which will provide all data required in the next article, under penalty of neinscrierii in College if incorrect indication of unreal or incomplete data.

Article 7 will not be enrolled in colleges than lawyers and defenders:) have effectively exercised the profession of lawyer or defender;

b) had this profession as the main source of existence;

c) have pursued worthy manner;

d) have not manifested anti-democratic attitudes in their professional or public life.

Article 8 Comisiunile will proceed as soon as the interim operations, in which purpose, interim Committees of the Colleges Presidents will appoint for each application for entry of a rapporteur from among the members of the boards or other members of the respective Colleges which will relate on the fulfilment of article condiţiunilor. 7. Article 9 of the interim will be Comisiunilor breast form special Comisiuni consists of three members who will litigate without summoning the parties. The decisions of these Comisiuni are given by a majority of votes, a separate opinion without appearing and will be displayed at the headquarters of the College notifying the Union of Colleges.
Deciziunile these comisiuni will provide brief status quo and its classification in dispoziţiunile art. 7. Comisiunile are not kept to show by what means and have formed the belief of the situation actually withheld.

Article 10 Deciziunile are enforceable Interim Comisiunilor. In their counter will be able to appeal to the College Union lawyers from Romania who will declare within 5 working days at the offices of Colleges display from the presence of the decision appealed against. Grounds of appeal may be filed through the Memorial separately or on the premises of the College concerned or directly to the Union, at the latest on the eve of the deadline, on pain of nullity.
They can also appeal to the interim President of the College in question Comisiunei, how the President of the interim Commission for the colleges of lawyers. The term of appeal pronouncement for President Dale flows the Commission interim College President and communication for the Union.
Appeals court deadlines will be displayed with five days off before the headquarters of Union College.

Article 11 Union Colleges will judge on the basis of recurentilor without citing the memoirs, in full deciziunile 5 members, taking a majority of the votes, without separate opinion appearing and will be displayed at the headquarters of Union College. In the event of breakage, Comisiunea will evoke the Fund without summoning the parties.

Article 12 lawyers and defenders who won't be done within legal request enrollment in College as well as those whose applications will be definitively rejected, will no longer be able to exercise the profession of advocate or defender.
Împricinaţii the effect of applying this law will remain defenseless, may apply to the College, which will get the necessary assistance measures.

Article 13 disciplinary Processes and WWTP will instruct and judging on the basis of laws in force.

Article 14 Law No. 1,003 from 1946, for the defenders, are repealed; defenders enrolled in Colleges retain their rights.

Article 15 Definitivarile and joins us lawyers adjourn until January 31, 1948, and transferarile until 1 March 1948.

Article 16 administrative and Service Staff of the former Inns, Bars, Union Central Insurance House of local Homes, hostels and all their annexes will be reduced to the extent of the needs, while respecting the right of notice, provided for by the laws in force.

Article 17 Any dispoziţiuni of laws and regulations, this law is contrary to the repeal.
Voted by the Assembly of Deputies, sitting in dela Decemvrie 8 1947.
(Opinion of the Legislative Council, I, no. 204, 1947).