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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

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

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LEGE no. 3 3 of 17 January 1948 for the abolition of the Bars and the establishment of the Romanian Law Colleges
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 15 15 of 17 January 1948



+ Article 1 The bars of lawyers and the Union of Romanian lawyers ' Bar are abolished on the date of publication of this law. + Article 2 In the place of the Bars are established the Colleges of Lawyers by county based in the capital of the county, and instead of the Union of Bars, the Union of Colleges of Lawyers in Romania, with the rights and obligations provided in law No. 509 of 5 Septemvrie 1940, for the organization of the Romanian Corps of Lawyers and the Law No. 416 of July 31, 1940 , for the organization and functioning of the Central Insurance House of Lawyers in Romania. These colleagues, as well as the Union of Colleges are legal persons of public law. The number of members of the county colleges will be fixed by the Minister of Justice, who will also be able to determine the number of members who will exercise the profession of lawyer or defender besides the mixed and rural courts. + Article 3 The heritage of the former Bars and the Union of Bars passes full right through the effect of the present law, on the Colleges and the Union of the Replacing + Article 4 The Minister of Justice will appoint Interim Commissions, which will lead and administer the Colleges and the Union of Colleges, according to the laws in force, until the amendment of the law on organization of lawyers. + Article 5 The interim commissions will be composed as follows: The Union of Colleges will have a president and 8 members; Ilfov College, a president and 8 members; Colleges in counties with Court residence a president and 8 members, and the other Colleges a president and 4 members. The Minister of Justice by decision will be able to increase the number of members of the Interim Committees, as required. + Article 6 Until January 31 inclusive, lawyers and defenders will make and submit personally, except in cases of force majeure applications for registration in the respective colleges, in which they will provide for all the data required by the following article, under penalty of non-registration in the college in case of unreal or incomplete data indication. + Article 7 They will not be enrolled in Colleges other than lawyers and defenders who: a) They have effectively exercised the profession of lawyer or defender; b) They had this profession as the main source of existence; c) They have exercised it in a dignified manner; d) They have not manifested anti-democratic attitudes in their public or professional life. + Article 8 Interim commissions will proceed immediately to the registration operations, for which purpose, the chairmen of the Interim Committees of the Colleges will delegate for each application for registration a rapporteur among the members of the Committees or among the other members of the Those colleges that will refer to the fulfilment of the conditions in art. 7. + Article 9 From the bosom of the Interim Commissions, special Commissions will be formed composed of three members who will judge the applications without citing the parties. The decisions of these Commissions are given by a majority of votes, without showing the separate opinion and will be displayed at the college's headquarters by communicating to the Union of Colleges. The decisions of these commissions will briefly provide for the state of affairs and its classification in the provisions of art. 7. The commissions are not kept to show by which means they have formed their conviction on the situation actually retained. + Article 10 The decisions of the Interim Commissions are enforceable. On their contrary, it will be possible to appeal to the Union of the Colleges of Lawyers in Romania, which will be declared within 5 days from the display at the headquarters of the Colleges of the contested decision. The grounds for appeal may be lodged by a separate memo, either at the premises of that College or directly at the Union, at the latest on the eve of the judgment, under penalty of invalidity of the appeal. I can also appeal the President of the Commission to the interim College, as well as the President of the Interim Commission of the Union of Law Colleges. The term of appeal shall run from the President of the College and from the Communication for the President of the Union. The deadlines for the appeals will be displayed with 5 days off, before trial, at the headquarters of the Union of Colleges. + Article 11 The Union of Colleges will judge without citing the appellants on the basis of the pleadings, in complete of 5 members, the decisions taking with the majority of votes, without showing the separate opinion and will be displayed at the headquarters of the Union of In case of scrapping, the Commission will evoke the fund without citing the parties. + Article 12 Lawyers and defenders who will not make legal term application for registration in the College, as well as those whose applications will be permanently rejected, will no longer be able to exercise the profession of lawyer or defender. Impricinates that through the effect of applying this law will remain defenseless, can address the college, which will take necessary assistance measures. + Article 13 Disciplinary and treatment processes will be trained and judged on the basis of the laws in force. + Article 14 Law No. 1.003 of 1946 , regarding defenders, is repealed; defenders enrolled in Colleges retain their earned rights. + Article 15 The definitions and registrations of new lawyers shall be suspended until January 31, 1948 inclusive, and the transfers until March 1, 1948 exclusively. + Article 16 The administrative and service staff of the former bars, the Bar Union, the Central Insurance House, the local Houses of Pensions and all their annexes will be reduced, to the extent of their needs, in compliance with the right of notice, provided by laws in force. + Article 17 Any provisions of laws and regulations, contrary to this law, shall be repealed. Voted by the Assembly of Deputies, at the meeting of 8 Decemvrie 1947. (Opinion of the Legislative Council, Section I, No. 204 of 1947). --------------