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Law No. 51 Of 7 June 1995 (Republished) For The Organisation And Exercise Of The Profession Of Lawyer

Original Language Title:  LEGE nr. 51 din 7 iunie 1995 (*republicată*) pentru organizarea şi exercitarea profesiei de avocat

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LEGE no. 51 51 of 7 June 1995 (** republished) (* updated *) for the organization and exercise of the profession of lawyer *) ((updated until 3 August 2016 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. VI of Law no. 270/2010 amending and supplementing Law no. 51/1995 for the organization and exercise of the profession of lawyer, published in the Official Gazette of Romania, Part I, no. 872 of 28 December 2010, giving the texts a new numbering. Law no. 51/1995 for the organization and exercise of the profession of lawyer was republished in the Official Gazette of Romania, Part I, no. 113 of 6 March 2001 and subsequently amended and supplemented by: - Law no. 489/2002 amending and supplementing Law no. 51/1995 for the organization and exercise of the profession of lawyer, published in the Official Gazette of Romania, Part I, no. 578 578 of 5 August 2002; - Government Emergency Ordinance no. 77/2003 on completion Law no. 161/2003 on certain measures to ensure transparency in the exercise of public dignities, public functions and in the business environment, prevention and sanctioning of corruption, published in the Official Gazette of Romania, Part I, no. 640 of 9 September 2003, approved with amendments by Law no. 280/2004 , published in the Official Gazette of Romania, Part I, no. 574 574 of 29 June 2004; - Law no. 201/2004 on completion Law no. 51/1995 for the organization and exercise of the profession of lawyer, published in the Official Gazette of Romania, Part I, no. 483 483 of 28 May 2004; - Law no. 255/2004 amending and supplementing Law no. 51/1995 for the organization and exercise of the profession of lawyer, published in the Official Gazette of Romania, Part I, no. 559 559 of 23 June 2004; - Government Ordinance no. 94/2004 on the regulation of financial measures, published in the Official Gazette of Romania, Part I, no. 803 of 31 August 2004, approved with amendments and additions by Law no. 507/2004 , published in the Official Gazette of Romania, Part I, no. 1.080 of 19 November 2004, as amended; - Government Emergency Ordinance no. 190/2005 for the implementation of necessary measures in the European integration process, published in the Official Gazette of Romania, Part I, no. 1.179 of 28 December 2005, approved with amendments and additions by Law no. 332/2006 , published in the Official Gazette of Romania, Part I, no. 629 629 of 20 July 2006; - Government Emergency Ordinance no. 159/2008 amending and supplementing Law no. 51/1995 for the organization and exercise of the profession of lawyer, published in the Official Gazette of Romania, Part I, no. 792 792 of 26 November 2008, rejected by Law no. 81/2010 , published in the Official Gazette of Romania, Part I, no. 300 300 of 10 May 2010. + Chapter I General provisions + Article 1 (1) The profession of lawyer is free and independent, with autonomous organization and functioning, under the conditions of this law and the status of the profession. (2) The profession of lawyer shall be exercised only by the lawyers registered in the painting of the bar to which they belong, a member bar of the National Union of Bars of Romania, hereinafter referred to as U.N.B.R. (3) The constitution and operation of bars outside the U.N.B.R. are prohibited. The acts of incorporation and registration thereof shall be null and void. Nullity can also be found ex officio. + Article 2 (1) In the exercise of the profession the lawyer is independent and obeys only the law, the status of the profession and the code of ethics (2) The lawyer promotes and defends human rights, freedoms and legitimate interests. (3) The lawyer has the right to assist and represent natural and legal persons before the courts of the judicial authority and other jurisdiction bodies, prosecution bodies, public authorities and institutions, as well as before the courts. other natural or legal persons, who have the obligation to allow and ensure the lawyer unhindered the unhindered conduct of his activity, under the law. (4) Everyone has the right to freely choose their lawyer. (5) In the exercise of the right of defense the lawyer has the right and the obligation to arouse for the realization of free access to justice, for a fair trial and within a reasonable time. + Article 3 (1) The activity of the lawyer is achieved by a) legal consultations and requests; b) legal assistance and representation before the courts, the prosecution bodies, the judicial authorities, the public notaries and bailiffs, the public administration bodies and the institutions, as well as other legal entities, under the law; c) the drafting of legal acts, the attestation of the identity of the parties, the content and the date of the documents d) assisting and representing natural or legal persons interested in other public authorities with the possibility of attesting the identity of the parties, the content and the date of the completed acts; e) defence and representation with specific legal means of the rights and legitimate interests of natural and legal persons in their relations with public authorities, institutions and with any Romanian or foreign person; f) mediation activities; g) fiduciary activities carried out under the Civil Code; ---------- Lit. g) a par. ((1) of art. 3 3 has been amended by section 4.2 1 1 of art. 85 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. h) temporary establishment of the premises for companies at the professional premises of the lawyer and their registration, on behalf of and at the expense of the customer, of the parties of interest, of the social parts or of the shares of the companies i) the activities referred to in point g) and h) may take place under a new legal aid contract; j) any means and ways of exercising the right of defense, under the law. (2) The activities provided in par. (1) shall be exercised only by the lawyer, unless the law provides otherwise. + Article 4 In the exercise of the profession and in relation to this lawyer is protected by law. + Article 5 (1) The forms of exercise of the profession of lawyer are: individual offices, associated offices, professional civil societies or professional companies with limited liability. (2) In the individual cabinet he can exercise his profession a definitive lawyer, alone or together with other collaborating lawyers. (3) Individual offices may be associated with the purpose of the joint exercise of the profession; the rights and obligations of the holders of associated offices retain their personal character and cannot be ceded. Properly individual cabinets can also be associated with professional civil societies. (4) Individual cabinets may group to create technical-economic facilities in order to exercise the profession and retain their individuality in customer relations. (5) The professional civil society shall be made up of 2 or more definitive lawyers. In professional civil society they can exercise their profession and lawyers collaborators or salarized lawyers. Professional civil society and lawyers who practise within it cannot give legal assistance to persons with contrary interests. (6) The grouped cabinets, associated offices, professional civil societies and limited liability companies may also have joint ownership. (7) The lawyer can always change the form of exercising the profession, with the notice of the bar to which he belongs. (8) The lawyer cannot exercise his profession, at the same time, in several forms of exercising it. (9) The training forms of the profession may be disposed of by acts between the living only between the definitive lawyers and in the profession of the profession or may be liquidated at the end of the quality, in compliance with the regime of investment regulated by the present Law. + Article 6 (1) The professional limited liability company is a company with legal personality, constituted under the conditions provided by this Law and by the Statute of the profession of lawyer, by the association of at least 2 definitive lawyers, profession, whether or not they own or not whether or not they belong to another form of exercising the profession. --------- Alin. ((1) of art. 6 6 has been amended by section 2 2 of art. 85 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. (2) The acquisition of the legal personality of the professional company with limited liability takes place on the date of registration at the bar of the decision issued by the council of the bar in whose territorial area the main office is located. (3) The professional limited liability company is a holder of its own patrimony. --------- Alin. ((3) of art. 6 6 has been amended by section 2 2 of art. 85 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. (4) The obligations and liability of the professional limited liability company are guaranteed with their own patrimony. Associations respond personally only within the limit of the social contribution of each. --------- Alin. ((4) of art. 6 6 has been amended by section 2 2 of art. 85 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. (5) If the limited liability company is made up of lawyers who are part of other forms of exercising the profession, the latter may not be subject to liquidation if the associations so agree. ((6) The form of exercise of the profession from which the associate comes, if applicable, ceases his professional activity carried out in his own name during the period in which the titular lawyer or, as the case may be, his or her lawyers have the status of associate in the company with limited liability. During the period in which the form of exercising the profession ceases its activity because of this, the Lawyers ' picture is properly mentioned the situation regarding the cessation of activity, under the conditions provided by the Statute of the profession of lawyer. (7) In the case of professional benefits consisting of legal assistance and representation at courts, prosecutors ' offices, criminal investigation bodies or other authorities, the limited liability company has the obligation to mention in the contract concluded with the customer the name of the lawyer/lawyers chosen/elected or accepted/accepted by the customer to provide the professional service, as well as the granting or, as the case may be, the failure to (8) The professional limited liability company conducts the accounting in the simple game and is subject to the tax transparency regime. The payment of income tax is made by each associate, for his own income. + Article 7 Any lawyer, regardless of the form of exercising the profession, can conclude collaboration conventions with experts or other specialists, under the law. Professional civil societies and limited liability companies may conclude such conventions only with the consent of all associates. + Article 8 (1) The training forms of the lawyer profession and the grouped cabinets will be individualized by name, as follows: a) in the case of the individual cabinet-the name of the titular lawyer, followed by the phrase b) in the case of associated offices-the names of all the holders, followed by the synagma offices of associate lawyer; c) in the case of professional civil societies and professional companies with limited liability-the name of at least one of the associates, followed by the phrase civil society of lawyers or, as the case may be, professional company of lawyers with responsibility limited; d) in the case of grouped cabinets-the names of each cabinet holder, followed by the synagma cabinets of lawyer grouped. (2) The name of the form of exercising the profession, individualized according to par. ((1), may also be preserved after the death or departure of one of the associates, with his consent, or, as the case may be, of all heirs of the deceased, expressed in authentic form. (3) The names provided in par. (1) will appear on the companies of offices or companies, under the conditions established by the status of the profession. (4) In the case of all forms of exercising the profession by foreign lawyers, the name and name of the form of exercising the profession in the country or abroad may be used, under the conditions of this article. + Article 9 (1) Conventions of grouping and association of offices, acts of formation of professional civil societies of lawyers and professional companies with limited liability, as well as the conventions provided in art. 7 ends in written form, in compliance with the substantive conditions provided by law and the status of the profession. (2) The Board of the Bar shall review the fulfilment of the legal conditions and, ascertaining their fulfilment, shall order the registration of the Convention within one month from the registration (3) Against the decision of the council of the bar any person who considers himself injured in a right or legitimate interest of or may make a complaint to the bodies of professional jurisdiction, under the conditions of this law and the status of the profession (4) The barristers keep separate records of the lawyers for each form of exercising the profession. + Article 10 (1) The Bars and the U.N.B.R. shall ensure the qualified exercise of the rights of defence, competence and professional discipline, the protection of the dignity and honour of the members (2) In each county there is and operates a single member bar of the U.N.B.R., based in the locality of residence of the county. (3) Each bar shall organise and ensure the operation of a legal aid service in addition to each court. The bar council is responsible for the organization and operation of this service + Article 11 The lawyer is obliged to keep the professional secret regarding any aspect of the case entrusted to him, except as expressly provided by law. + Chapter II Acquiring the quality of lawyer + Section 1 The conditions for registration in law + Article 12 (1) It may be a member of a bar in Romania that meets the following conditions: a) has the civil and political rights exercise; b) is a licensee of a law school with the duration established by law; c) is not found in any of the cases of undignity provided by this law; d) is medically fit for the exercise of the profession. (2) The fulfilment of the condition laid down in lett. d) a par. (1) must be proven with medical certificate of health, issued on the basis of the findings made by a medical commission established under the conditions provided for in the status of the profession. + Article 13 (1) The member of a bar from another country may exercise the profession of lawyer in Romania, in case of fulfilment of the conditions provided by this law. (2) In order to provide legal advice on Romanian law, the foreign lawyer has the obligation to take an examination of the Romanian and Romanian language knowledge, organized by U.N.B.R. (3) The foreign lawyer may exercise the profession of lawyer in Romania, of his choice, within one of the forms of organization provided for in art. 5. (4) The foreign lawyer may not make oral or written conclusions before the courts and other judicial and judicial bodies, except those of international arbitration. (5) The fees due to the foreign lawyer will be registered and paid in full in Romania. (6) The foreign lawyer who exercises the profession in Romania is obliged to enroll in the special painting held by each bar and is subject to the provisions of this law, the status of the profession and the deontological code. + Article 14 He's unworthy of being a lawyer: a) the one definitively sentenced by court decision to the prison sentence for committing an intentional crime, likely to prejudice the prestige of the profession; b) the one who committed abuses by which the fundamental rights and freedoms of man, established by judicial decision, were violated, or committed serious disciplinary violations, sanctioned with the measure of exclusion from the profession, as a sanction Disciplinary; c) the one to whom the punishment of the prohibition to exercise the profession has been applied, for the duration established by judicial or disciplinary decision; d) repealed; ------------- Lit. d) of art. 14 14 has been repealed by section 6.6. 1 1 of art. 51 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 15 The exercise of the profession of lawyer is incompatible with: a) the salarized activity within the professions other than the lawyer; b) occupations that damage the dignity and independence of the profession of lawyer or good morals; c) direct exercise of commercial material facts. + Article 16 The exercise of the profession of lawyer is compatible with: a) the status of deputy or senator, councillor in local or county councils; b) teaching activities and functions in higher legal education; c) literary and publishing activity; d) the quality of arbitrator, mediator, conciliator or negotiator, tax advisor, intellectual property adviser, industrial property adviser, authorized translator, administrator or liquidator in reorganization procedures and judicial liquidation, under the law. + Article 17 (1) Receiving in the profession is carried out only on the basis of an examination organized by the U.N.B.R., at least annually and at national level, according to the present law and the Statute of the profession of lawyer. (2) The examination for the reception in the profession of lawyer shall be held within the National Institute for the Preparation and Improvement of Lawyers and shall be conducted in a unified manner, in its territorial centers, based on an elaborate methodology and approved by the U.N.B.R. Council (3) The exam theme is unique at the U.N.B.R. level, and the selection of topics is made by the national exam commission. (4) The national examination commission is composed mainly of lawyers-university teachers, who are at least 10 years old in the profession of lawyer. Its designation is made by the U.N.B.R. Permanent Commission, on the proposal of the bars. (5) Provisions art. 102 102 para. ((2) of Law no. 303/2004 on the status of judges and prosecutors, republished, with subsequent amendments and completions, shall apply accordingly, as well as to judges of international courts. + Article 18 (1) At the beginning of the profession of the profession the lawyer shall compulsorily carry out a professional training session lasting 2 years, during which he has the status of trainee lawyer. (2) The conditions of the internship, the rights and obligations of the trainee lawyer, the lawyer, as well as the bar to them are regulated by the status of the profession. (3) During the period of the internship, with the consent of the tutor, the trainee lawyers may attend master classes, which are taken into account in the assessment of the initial professional training, under the conditions provided by the Statute of the lawyer profession. ((4) The internship shall be suspended in case of a lack of motivation in the profession or in case of termination of professional guidance without fault of the trainee lawyer. The period of the previous internship is considered for the performance of the internship. (5) After the internship the trainee lawyer will take the final examination. (6) The trainee lawyer rejected three times in the final examination will be excluded from the profession. + Article 19 The work of a trainee lawyer can be guided only by defining lawyers at least 6 years old in this capacity and who enjoy a non-irrepressible professional reputation. + Article 20 (1) The quality of the definitive lawyer shall be obtained on the basis of an examination organized by the U.N.B.R., annually and at national level, according to the present law and the Statute of the profession of lawyer or by passing the graduation examination of the National Institute for Preparation and Improvement of Lawyers, under the conditions provided by the Statute of the Lawyer Profession. (2) The final examination shall be held within the National Institute for the Preparation and Improvement of Lawyers and shall be conducted in a unified manner, on territorial centers, based on a methodology developed and approved by the U.N.B.R. Council. (3) The theme of the completion exam is unique at the level of the U.N.B.R., and the selection of topics is made by the national exam commission. (4) The national exam commission is formed, in particular, from lawyers-university teachers, who have at least 10 years old in the profession. Its designation is made by the U.N.B.R. Permanent Commission, on the proposal of the bars. (5) The one who passed the reception examination in the profession of lawyer and who until the date of taking the examination of receipt in the profession of lawyer has served as judge, prosecutor, public notary, legal adviser or jurisconsult for 5 years, acquires the status of permanent lawyer, without taking the examination of completion provided in par. (1), provided that the examination to be completed in the profession from which it comes is passed. (6) Provisions of para. (5) shall also apply to persons who have passed the entrance examination in the profession of lawyer and who have performed legal specialized positions in the apparatus of the Parliament, the Presidential Administration, the Government, the Constitutional Court, the Advocate The People, the Court of Auditors and the Legislative Council for 5 uninterrupted years. (7) The trainee lawyer who has exercised at least one parliamentary term, mayor, deputy mayor, county council president or deputy chairman of the county council, acquires on request the status of permanent lawyer. (8) Lawyers-former judges cannot draw conclusions to the courts where they worked, and former prosecutors and police personnel cannot provide legal assistance to the prosecution unit they have been operating at, for 5 years from the courts. termination of that function + Article 21 ((1) Cease legal effects. *) (2) Provisions of para. (1) shall also apply accordingly to the lawyer whose husband, relative or afin up to the third degree, including the position of judge at the Constitutional Court or the position of financial judge, adviser of accounts or financial prosecutor at the Court of Auditors ' courts ((3) Provisions of para. ((1) does not apply to the associated cabinet, civil society or professional company with limited liability in which it is associated or employed the one to whom the prohibition referred to in par. ((1) and (2). (4) Provisions of para. (1) and (2) shall also apply to the titular lawyer, to the associate lawyer, to the lawyer collaborator or salarized within the profession, who uses the form of professional organization or the reports of professional cooperation established under the law in purpose of circumvention of these prohibitions + Article 22 (1) Upon enrolment in the bar the lawyer submits before the council of the bar, in solemn setting, the following oath: " I swear to respect and defend the Constitution and the laws of the country, human rights and freedoms and to exercise the profession of lawyer with honor and dignity. So help me God! " (2) The oath may also be filed without the religious formula, in this case, the oath will begin with the formula: "I swear on honor and conscience!" + Article 23 (1) The trainee lawyer may make conclusions only at the court and may assist or represent the party to the bodies and institutions provided in art. 3. (2) The trainee lawyers, after the bar registration, have the obligation to attend the National Institute for the Preparation and Improvement of Lawyers, during the internship period. (3) The definitive lawyer has the right to draw conclusions to all courts, with the exception of the High Court of Cassation and Justice and the Constitutional Court, where he will be able to draw conclusions if he has an uninterrupted seniority in the profession for at least 5 years from Completion. (4) The permanent lawyer is obliged to attend the forms of continuous professional training organized by the bar, the National Institute for the Preparation and Improvement of Lawyers or the forms of exercising the profession, under the conditions provided by The status of the lawyer profession. + Article 24 (1) The Bar has the obligation to draw up annually the painting of the definitive lawyers and trainees in alphabetical order, with the mention of the name, surname, scientific title, date of registration in the bar, professional headquarters, form of exercising the profession and courts to which they are entitled to draw conclusions. (2) The second part of the painting will include the associated offices, professional civil societies and professional companies with limited liability, with the indication of the headquarters and the lawyers who compose them. ((3) By the care of the bar, the annual picture of the lawyers and the intervening changes shall be communicated at the beginning of each year to the courts, to the prosecution bodies and to the administrative authorities of the as well as U.N.B.R. + Article 25 (1) The bar council issues decisions of passage on the table of incompatible lawyers, on request or ex officio, and the re-enrolment on the table of lawyers with the right to exercise the profession is made only on request, after the end of the state of incompatibility. (2) In cases where there is incompatibility, the decision to receive in the profession will produce the effects only from the date of termination of the state of incompatibility *). ---------- Alin. ((2) of art. 25 was amended by the removal of the phrase "to be resolved within the period of two months from the issuance of the decision", according to CONSTITUTIONAL COURT DECISION no. 297 297 of 22 May 2014 , published in MONITORUL OFFICIAL no. 521 521 of 14 July 2014. + Article 26 (1) Exercise of any legal aid activity specific to the profession of lawyer and provided in art. 3 by a natural or legal person who does not have the status of lawyer enrolled in a bar and on the painting of the lawyers of that bar constitutes a crime and is punished according to the criminal law. (2) The courts are obliged to verify and rule on the quality of representative of a person who presents himself as a lawyer, exercising acts specific to this profession and using the insignia of the profession of lawyer. (3) Acts specific to the profession of lawyer, carried out publicly by a person who has not acquired the status of lawyer under the conditions of this law, are void if there has been an injury that cannot be remedied otherwise, unless the way of their fulfilment was likely to produce a common error with regard to the quality of the person who committed them. (. In the cases provided for in this Article, the bar shall be entitled to action for damages against the natural or legal person exercising without right the profession of lawyer. (5) The amounts obtained as compensation according to par. (4) will be included in the budgets of the bars and will be used exclusively for the organization of the professional training activity of the lawyers, under the law. + Section 2 Termination and suspension of lawyer quality + Article 27 The quality of lawyer ceases a) by giving up the profession; b) by death; c) if the measure of exclusion from the profession as disciplinary sanction has been taken against the lawyer; d) if the lawyer has been definitively convicted of a deed provided by the criminal law and which makes him unworthy of being a lawyer, according to the law. + Article 28 The quality of lawyer is suspended: a) in case of incompatibility, during the existence of this state; b) during the period of prohibition to practise, ordered by judicial or disciplinary decision; c) in case of total or partial non-payment of taxes and professional contributions to the bar, to the U.N.B.R. and to its own social security system, for 3 months from their maturity until the full liquidation of debts; d) at written request of the lawyer. + Chapter III Lawyer's rights and duties + Section 1 Legal rights + Article 29 (1) The lawyer entered in the bar's painting shall have the right to assist and represent any natural or legal person, pursuant to a contract concluded in written form, which acquires the definite date by registering in the official register. (2) The lawyer, as well as the customer have the right to give up the contract of legal assistance or to modify it in agreement, under the conditions provided by the status of the profession The unilateral waiver of the customer does not constitute the cause of exoneration for the payment of the due fee, for the lawyer services rendered, as well as for the coverage of the expenses made by the lawyer in the customer's procedural interest. + Article 30 The lawyer has the right to choose and be elected to the governing bodies of the profession, under the conditions provided for in this law and in the statute. + Article 31 (1) For his professional activity the lawyer is entitled to the fee and to cover all expenses made in the procedural interest of his client. (2) For this purpose, the lawyer may open a bank account for the collection of fees and another for the submission of the amounts received from the customer for procedural expenses in his interest. The method of administration of the amounts handed over by the client to the lawyer, for procedural expenses in his interest, will be established by the convention between the lawyer and the client, under the conditions provided by the statute (3) The legal aid contract, legally concluded, is enforceable. The investiture with the enforceable formula is the competence of the court in whose territorial area the lawyer's professional headquarters are located. The arrears in fees and other expenses incurred by the lawyer in the client's procedural interest shall be recovered according to the provisions of the profession. + Article 32 Appeals and complaints about fees shall be settled by the dean of the bar. The decision of the dean can be appealed to the bar council, the ruling of which is final. + Article 33 ((1) The lawyers have their own social security system. (2) The social insurance system of lawyers is regulated by law and is based on their contribution, as well as on other sources provided by law or by the Statute of the Insurance House of Lawyers. (3) Time served in law is considered seniority. (4) The lawyer has the right to the recovery of the work capacity, under the conditions provided by the Statute of the profession + Article 34 It is seniority in the profession of lawyer during which the lawyer exercised the position of judge, prosecutor, notary, performed legal specialized positions in the apparatus of the Parliament, Presidential Administration, Government, Court Constitutional, Ombudsman, Court of Auditors and Legislative Council, as well as the period during which he was suspended from the profession in order to exercise a function of public dignity or an assimilated function with the function of public dignity. + Article 35 (1) For the insurance of professional secrecy, acts and works of a professional nature on his lawyer in his office are inviolable. The search of the lawyer, the domicile or his cabinet or the lifting of documents and goods can only be made by the prosecutor, based on a mandate issued under the law. (2) They will not be able to be heard and registered, with any technical means, the telephone conversations of the lawyer, nor will his correspondence with professional character be intercepted and recorded, except under the conditions and with the procedure provided by law. + Article 36 (1) The contact between the lawyer and his client cannot be embarrassed or controlled, directly or indirectly, by any organ of the state. (2) If the customer is in custody or detention, the administration of the place of arrest or detention has the obligation to take the necessary measures to respect the rights provided in par. ((1). + Article 37 The lawyer who practices individually, the associated offices, the professional civil society and the limited professional company are entitled to professional headquarters in the district of the bar in which they are also enrolled at secondary offices in another bar from the country or abroad where they are taken into account. + Article 38 The Ministry of Justice is obliged to provide the necessary spaces in order to carry out the activity of the lawyers + Article 39 (1) In the exercise of the profession, lawyers are protected by law, without being able to be assimilated to civil servants, except in situations where they attest to the identity of the parties, the content or the date of an act (2) The lawyer is obliged to respect the solemnity of the hearing, not to use words or expressions of a nature to prejudice the authority, the dignity and the honor of the court, the prosecutor, the other lawyers and the parties or their representatives in the process. (3) The lawyer shall not be criminally liable for oral or written submissions, in the appropriate form and in compliance with the provisions of par. ((2), before the courts, the prosecution bodies or other administrative bodies of jurisdiction, nor if they are in connection with the consultations offered to the litigants or with the wording of the defence in that case, if they are made with compliance with professional deontology norms. (4) Failure by the lawyer of the provisions of par. ((2) and (3) constitute serious disciplinary misconduct. Disciplinary liability does not exclude criminal or civil liability. ------------- Article 39 has been amended by section 6.6. 2 2 of art. 51 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Section 2 Duties of + Article 40 The lawyer is obliged to thoroughly study the cases entrusted to him, committed or ex officio, to present himself at each term to the courts or to the prosecution bodies or to other institutions, according to the mandate entrusted, to manifest conscientiousness and professional probity, to plead with dignity to the judges and to the parties in the process, to submit written conclusions or meeting notes whenever the nature or difficulty of the case requires this or the court of law It has this effect. The imputable non-compliance with these professional duties constitutes disciplinary misconduct. + Article 41 The lawyer is obliged to provide legal assistance in cases in which he was appointed ex officio or free of charge by the bar. + Article 42 The lawyer is obliged to ensure for professional liability, under the conditions established by the status of the profession. + Article 43 The lawyer is obliged to attend all meetings convened by the bar council, professional activities and the meetings of the governing bodies to which he belongs. Repeated and unjustifiably absent constitutes disciplinary misconduct. + Article 44 (1) The lawyer is obliged to keep records required by law and status on the cases in which he has engaged and regularly and on time charges and contributions set for the formation of the budget of the bar and the funds of the House of Insurance of Lawyers from Romania and subsidiaries. The U.N.B.R. budget is made up of the contributions of the bars, established according to the law and the status (2) The acts drawn up by the lawyer for the keeping of the professional records required by law, as well as for the legitimation towards third parties of the quality of representative have full proof of force until the registration in forgery. + Article 45 The lawyer is obliged to return the documents entrusted to the person from whom he received them. + Article 46 (1) The lawyer may not assist or represent parties with interests contrary in the same case or in related cases and may not plead against the party that consulted him before in connection with the concrete litigation aspects of the matter. (2) The lawyer cannot be heard as a witness and cannot provide relations to any authority or persons with regard to the case entrusted to him, unless he has the prior, express and written absolution from all his interested clients. in question. (3) The quality of the witness shall have precedence over the quality of lawyer with regard to the facts and circumstances which he or she knew before he became a defender or representative of any party concerned. (4) If he has been heard as a witness, the lawyer can no longer carry out any professional activity in that case. (5) The lawyer may not perform the position of expert or translator in question in which the defender is employed. + Article 47 (1) The lawyer is obliged to wear the robe before the courts. (2) The characteristics of the robe are those established by the statute of profession. (3) The wearing of the robe outside the premises of the court is prohibited, except in cases where the lawyer is delegated by the bodies of the profession to represent the bar or U.N.B.R. on an occasion that imposes this outfit. + Article 48 (1) It is forbidden to the lawyer that, directly or through interposed persons, to use procedures incompatible with the dignity of the profession for the purpose of acquiring the clientele. (2) It is also prohibited for the lawyer to use advertising or advertising for the same purpose. The statute determines the cases and the extent to which the lawyer can inform the public of the exercise of his profession. + Chapter IV Organization of the profession of lawyer + Section 1 Bar + Article 49 (1) The lawyer profession is organized and operates on the basis of the principle of autonomy, within the limits of the powers provided for in this Law (2) The choice of the governing bodies of the lawyer profession shall be made only by secret ballot. (3) The collegiate governing bodies shall take decisions only by open vote. Deliberations and voting constitute professional secrecy. + Article 50 (1) The bar is made up of all lawyers from a county or from Bucharest. The headquarters of the bar is in the city of residence of the county, respectively in Bucharest. (2) The bar has legal personality, patrimony and own budget. (3) The contribution of lawyers to the budget shall be determined by the bar council. (4) The patrimony of the bar can be used in income-producing activities, under the law. + Article 51 (1) The management bodies of the bar are: a) general meeting; b) council; c) Dean. (2) Within the bar, the committee of censors and the commission of discipline shall work. The organization, operation, and their duties are regulated according to the Statute of the Lawyer Profession. + Article 52 (1) The general assembly shall consist of all the lawyers registered in the painting of the bar with the right to exercise the profession. (. The General Assembly shall have the following powers: a) establish measures for the exercise of the profession in that bar, within the limits of the law and the statute; b) choose and revoke the dean, the members of the council, the members of the censor committee and those of the discipline commission. The dean is elected for a 4-year term and can only be re-elected once. The Dean shall be chosen from among the lawyers at least 10 years old in the profession; c) elect the bar delegates to the Congress of Lawyers; d) approve the draft budget of the bar and give discharge to the council on its activity and management. + Article 53 (1) The ordinary general meeting shall meet annually, in the first quarter, at the convocation of the bar council. (2) Convocation is made by display at the bar premises, at the assistance services headquarters in the county and by publication in a local newspaper at least 15 days before the set date. (3) The extraordinary general meeting may be convened by the council or the committee of censors of the bar. (4) At the request of more than one third of the total members of the bar the council is obliged to convene the extraordinary general meeting no later than 15 days after receipt of the request. In this case the procedure of the convocation will be carried out at least 7 days before the set date. (5) The meeting of the general meeting is headed by the dean together with 5 members elected by vote opened by those present, one of whom will be appointed secretary. In case of election or revocation of the dean or the members of the council none of them will be part of the presidium, and the meeting will be led by the oldest member present. + Article 54 (1) The general assembly is legally constituted with the participation of the majority of its members (2) If the legal number is not met, and on the agenda of the meeting is not included the choice of the bar's governing bodies, the presidium of the general meeting, present with those present, establishes a new general assembly within at most 15 days from the date of the first convocation. The Bar Council is required to carry out the procedure of convening at least 7 days before the date fixed. (3) The general meeting convened under the conditions of par. ((2) is legally constituted with the participation of at least one third of the total number of its members. (4) The decisions of the general meeting shall be taken with the vote of the majority of the members present, unless the law provides for another quorum of sitting and voting. + Article 55 (1) The general assemblies of election of the governing body of the bar are legally constituted only with the participation of the majority of the members of the general meeting of the bar. (2) By exception to the provisions of par. ((1), in the case of bars that have more than 500 lawyers with the right to exercise the profession, if, at the first convocation, the legal number of participants is not met, the provisions of art. 54 54 para. ((2) and (3). ((3) Participation in the general assembly of election of the governing body of the bar shall be made in person. The bar's member lawyer may not delegate the exercise of his right to vote to another lawyer. + Article 56 (1) The bar council consists of 5 to 15 members, elected for a period of 4 years and who have a continuous seniority in the profession of at least 8 years. The Dean and the Vice-Dean shall be included in this number. (2) The Bar Council shall have the following tasks: a) adopt decisions for the application and observance of the provisions of the present law and of the b) carries out the decisions of the U.N.B.R. Council and the general meeting of the bar; c) prepare, modify and release the annual picture of lawyers, members of the bar, and communicate it to those in law; d) adopt measures for the organization of professional, disciplinary and deontological control, for the settlement of complaints and complaints, under the conditions provided by law and the status of the profession; e) verifies and ascertains the fulfilment of the legal conditions of the requests for receipt in the profession and approves the receipt in the profession with examination or f) decides on the state of incompatibility and its termination; g) settle the transfer requests in accordance with the provisions of the law and the status of the profession; h) verifies and ascertains whether the acts regarding the constitution, modification and change of forms of exercising the profession, as well as the conventions of grouping or professional cooperation meet the conditions provided by law and the status of the profession; organise and keep track of them; i) coordinate the activity of the branches or branches of the Insurance House of Lawyers within the competence range; j) organize the internship conferences, study circles and edit the bar publications; k) organizes and directs the activity of the legal assistance services in the county, according to the law and the statute of l) notifies the discipline commission with the adjudication of disciplinary misconduct of lawyers; m) suspends from the exercise of the profession, during the non-payment of taxes, the lawyer who does not pay the taxes and contributions provided by law and the status of the profession for 3 months after their maturity, if he was warned about non-payment and did not comply obligation; n) settle appeals against the decision of the dean on fees; o) establish the contribution rate of lawyers to the budget of the bar; p) accepts donations and legates made to the bar; q) approves the state of functions and employs the bar staff; r) prepares the draft annual budget, which he submits to the general meeting and manages the patrimony of the bar; s) presents annually to the general meeting, for approval, the activity report of the council and the dean, of current management and management of the bar's patrimony; t) choose the prodean of the bar; u) settle complaints and appeals against decisions of the bar dean; v) performs any other duties provided by law or determined by the U.N.B.R. Council or by the executive office of the U.N.B.R. + Article 57 The bar council works legally in the presence of two thirds of its members and makes valid decisions with the vote of the majority of the members present. + Article 58 (. The Dean of the Bar shall have the following powers: a) represents the bar in its relations with individuals and legal entities in the country and abroad; b) convenes and chairs the meetings of the bar council; c) approve requests for free legal assistance; d) exercise the remedies against the decisions of the discipline commission and against the decisions of the council of the bar for which remedies are provided; e) orders the costs of the bar; f) take measures regarding the management of the bar that are not within the competence of the general meeting or the bar council; g) performs any other duties provided by law or determined by the governing bodies of the U.N.B.R. and given in its competence. ((. The Vice-Dean shall replace the Dean at his request in his absence. (3) If the dean and the vice-dean are in temporary impossibility to exercise their functions, the council of the bar may delegate an adviser to fulfill, in whole or in part, the duties of the dean. (4) At the Bucharest Bar, the bar council elects 2 vice-deans. The Dean shall be replaced, upon request or in his absence, by the Vice-Dean whom he designates in writing. + Article 59 The lawyer unhappy with the dean's decision can attack her at the bar council. + Section 2 National Union of Bars of Romania-U.N.B.R. + Article 60 (1) The National Union of Bars of Romania-U.N.B.R. is made up of all the bars in Romania and is based in the capital of the country, Bucharest. (2) U.N.B.R. is a legal person of public interest, has its own patrimony and budget. (3) The U.N.B.R. budget is formed by the contribution of the bars in quotas established by the Congress of Lawyers The U.N.B.R. patrimony can also be used in income-producing activities, under the law. (4) The bar of lawyers shall be constituted and operated only within the U.N.B.R., according to the present law and the status of the profession. (5) U.N.B.R. is the rightful successor of the Union of Lawyers in Romania. (6) The non-right use of the names "Barou", "National Union of Bars of Romania", "U.N.B.R." or the "Union of Lawyers of Romania" or of the names specific to the forms of exercising the profession of lawyer, as well as the use of the specific marks of the profession or the wearing of the lawyer's robe under conditions other than those provided by the present law constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine. ---------- Alin. ((6) of art. 60 60 has been amended by section 3 3 of art. 51 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 61 (1) The governing bodies of the U.N.B.R. are: a) Congress of lawyers; b) U.N.B.R. Council; c) The permanent commission of the U.N.B.R.; d) President of U.N.B.R. (2) Within the U.N.B.R. shall be constituted and operated: a) Central Audit Committee; b) Central discipline commission; c) the technical-administrative apparatus. + Article 62 (1) The Congress of Lawyers shall be composed of delegates of each bar, according to the norm of representation established by the statute of the profession, and of the members of the U.N.B. (2) The Congress of Lawyers shall meet annually in ordinary session, at the convocation of the U.N.B.R. Council. (3) At the request of at least one third of the number of bars, the U.N.B.R. Council is obliged to convene the Congress of lawyers in extraordinary session. + Article 63 (1) Convocation of the congress shall be made at least one month before the date set, by the written notice of the bars and by publication in a central newspaper. Bar councils are required to display the date of convocation and agenda at the bar headquarters and at the courts within their radius. (2) Bars are obliged to elect their delegates at least 10 days before the congress. (3) The Congress shall be legally constituted in the presence of two thirds of its members and shall adopt decisions by the majority of the members present. + Article 64 (1) The Congress shall have the following tasks: a) analyze and approve the annual report of the U.N.B.R. Council; b) elect the Central Audit Committee and the Board of Directors of the Lawyers ' Insurance House; c) make proposals to the authorities with the right of legislative initiative on the legal profession; d) adopt and modify the status of the profession and the status of the Insurance House of Lawyers, in accordance with the provisions of this law and on the basis of the projects prepared by the U.N.B.R. e) adopt decisions regarding the relations between the bars, the improvement of professional training and the observance of the deontological rules of the profession; f) elect and revoke the members of the Central Discipline Commission Each bar has the right to propose a candidate for the Central Discipline Commission. The jurisdiction and the proceedings of the Central Disciplinary Commission shall be established by statute; g) approves the annual budget of the Insurance House of Lawyers and the annual budget execution; h) approves the annual budget of the U.N.B.R. and its annual budget execution and establishes the contribution rate of the bars to the formation of the budget of the U.N.B.R. The expenses necessary for the organization of congresses shall be borne by each bar according to the number of its representatives. (2) The decisions of the congress are final and binding on all organs of the profession. + Article 65 (1) The U.N.B.R. Council consists of the deans of the bars and the representatives of the bars chosen according to the norm of representation established in the status of the profession (2) The mandate of member of the U.N.B.R. Council is 4 years. In case of termination of the mandate of one of them, his replacement shall execute the difference in office The replacement is designated under the conditions provided in par. ((1). (3) In the event of a change of the dean of a bar the new dean shall supersede his predecessor. The other holidays are completed at the lawyers ' proximate congress. (4) The U.N.B.R. Council meets quarterly at the convocation of the President of the U.N.B.R. The convocation shall be made at least 15 days before the date of the hearing. (5) At the request of at least one third of the number of members of the U.N.B.R. Council or in exceptional circumstances, the U.N.B.R. President will convene the U.N.B.R. Council at an extraordinary meeting, no later than 10 days from the date of the request or event justifying. (6) The U.N.B.R. Council shall work in the presence of at least two thirds of its members and shall adopt valid decisions with the majority vote of the members present. + Article 66 The U.N.B.R. Council has the following tasks: a) is the representative and deliberative body of the bars in Romania and ensures the permanent activity of the U.N.B.R.; b) carries out the decisions of the Congress of lawyers; c) resolve any issues by interestring the profession of lawyer between the sessions of the Congress of Lawyers, except those that are given in the exclusive competence of the Congress d) exercise control over the activity and the decisions of the Standing Committee of the U.N.B.R.; e) organize the examination of the Romanian and Romanian language knowledge of foreign lawyers; f) organizes and directs the activity of the National Institute for Training and Improvement of Lawyers, constituted as a legal entity of private non-profit and which is not part of the national education system and is not subject to the procedures of authorisation and accreditation; g) adopt decisions in all matters concerning the professional training and improvement of lawyers, as well as recommendations on relations between bars; h) organizes the reception examination in the profession of lawyer and the acquisition of the professional title of permanent lawyer, under the conditions of art. 17 and in compliance with the provisions of the Statute of the profession; i) organizes and oversees the general statistical service of the U.N.B.R.; j) organize and edit the publications of the U.N.B.R. and support the publications of the bars; k) prepares the draft budget of the U.N.B.R. and submits it for approval to the Congress of lawyers, as well as the annual budget execution of the U.N.B.R. budget; l) prepares the annual activity and management report of the U.N.B.R. patrimony and submits them for approval to the Congress of lawyers; m) persists for the implementation of the budget of the U.N.B.R. and the execution by the bars of the decisions adopted by the Congress of lawyers and by the U.N.B.R. n) elect and revoke the President and Vice-Presidents of the U.N.B.R. and the members of the Standing Committee of the U.N.B.R., among its members, lawyers more than 10 years old in the profession, for a term of 4 years; o) verify the legality and merits of the reception decisions in the profession, given by the bar councils, at the request of the interested persons; p) annuls the decisions of the bars for causes of illegality and resolves the complaints and appeals made against the decisions adopted by the boards of the bars, in the cases provided by law and the statute of the profession; q) establishes the Central Credit and Aid House of Lawyers and controls its activity; r) coordinates the activity of the Insurance House and adopts its regulation; s) performs other duties provided by law and adopts decisions in the interest of the profession, in compliance with the law; t) grants, on the proposal of the Standing Committee of the U.N.B.R., the title of honorary member, respectively of honorary president of the U.N.B.R. + Article 67 The permanent commission of the U.N.B.R. consists of 15 members, of which 5 members are representatives of the Bucharest Bar, and 10 members are representatives of the other bars in the country. The U.N.B.R. President and Vice-Presidents are members of law of the U.N.B.R. Standing Committee and are included in the 15 members. The mandate of the members of the permanent U.N.B.R. Commission is 4 years. In case of termination of the mandate of a member of the Standing Committee of the U.N.B.R., the designation of the replacement is made on the same criteria and the replacement executes the difference One of the members of the Permanent Commission of the U.N.B.R. serves as its secretary and is designated by vote by the Permanent Commission of the U.N.B.R. The U.N.B.R. President is also the chairman of the Standing Committee of the U.N.B.R. + Article 68 (1) The permanent commission of the U.N.B.R. has the following tasks: a) is the executive body of the U.N.B.R. Council, with permanent activity and connection with the U.N.B.R. bars; b) carries out the decisions of the Congress of lawyers and of the U.N.B.R. Council and oversees the execution of these decisions by the bars, adopting appropriate decisions; c) organize the services of the U.N.B.R. Council and its own services and employ their personnel d) ensure budget execution and aim to make the resources of the U.N.B.R. budget e) accept donations and legates made to U.N.B.R.; f) in carrying out its tasks, issue enforceable decisions; g) approves the proposals of the bars for the appointment of the territorial commissions necessary to take the entrance examination and completion in the profession of lawyer. (2) The permanent commission of the U.N.B.R. is headed by the president of the U.N.B.R. and works valid in the presence of most of its members and thus adopts (3) The permanent commission of the U.N.B.R. shall also perform other duties established by law or by the hierarchical organs of the profession. + Article 69 (1) The President of U.N.B.R. has the following tasks a) represents the U.N.B.R. in relations with individuals and legal entities in the country and abroad; b) conclude conventions, agreements and contracts on behalf of U.N.B.R., with the authorization of the U.N.B.R. Council; c) convenes and heads the meetings of the U.N.B.R. Council and the Standing Committee of the U.N.B.R.; d) orders the budgetary and extra-budgetary expenditures of the U.N.B.R.; e) sign the acts of the Council and the Standing Committee of the U.N.B.R. f) supervise the relations between the central structures of the profession and bars, as well as the relations between the bars; g) provide support and help to the bars in their relations with the central and local authorities; h) watch to ensure the proper conditions of the work of lawyers at the courts and criminal prosecution bodies. (. The President shall be replaced, on request or in his absence, by the Vice-Chair whom he designates for that purpose. + Article 70 The U.N.B.R. Council determines the personnel necessary to carry out the duties of the office for the + Chapter V Legal aid + Section 1 Cases and conditions for the provision of legal aid + Article 71 (1) In the cases provided by law, the bars provide legal assistance in the following forms: a) in criminal cases, in which the defense is mandatory according to the provisions of the Code of Criminal b) in any case other than criminal cases, as a way of granting judicial public aid, under the law; c) legal assistance through lawyer, granted at the request of local public administration bodies. (2) In exceptional cases, if the rights of the person deprived of material means would be prejudiced by delay, the dean of the bar may approve the granting of legal expert assistance free of charge. + Article 72 ((1) Where, according to art. 11-19 of Government Emergency Ordinance no. 51/2008 on civil judicial aid in civil matters, approved with amendments and additions by Law no. 193/2008 , the application for judicial public aid in the form of lawyer assistance has been approved, the application together with the conclusion of consent shall be sent immediately to the dean of the bar in the constituency of that court. (2) The dean of the bar or the lawyer to whom the dean has delegated this award will designate, within 3 days, a lawyer registered in the Judicial Assistance Register, to whom he transmits, with the notice of designation, the conclusion provided in par. ((1). The dean of the bar is required to communicate the name of the designated lawyer to the beneficiary of the public The beneficiary of the judicial public aid may request himself the appointment of a certain lawyer, with his consent, under the law. + Article 73 (1) The lawyer designated according to art 72 72 para. ((2) grant the judicial public aid may refuse this professional task only in the event of a conflict of interest or for other justified reasons. (2) The unjustified refusal to take over the case or to continue the execution constitutes disciplinary misconduct, under the law. (3) The unjustified refusal of the beneficiary or the unilateral and unjustified waiver of the beneficiary to the assistance provided by the designated lawyer leads to the cessation of public aid in the form of lawyer assistance. + Article 74 (1) The out-of-court assistance provided for in art. 35 of Government Emergency Ordinance no. 51/2008 , approved with amendments and additions by Law no. 193/2008 , is granted by the Judicial Assistance Service constituted at the level of each bar, based on an application whose model is approved by the Department of Coordination of Judicial Assistance, which will include mentions of the object and nature of the request for assistance, identity, personal numerical code, residence and material status of the applicant and his family, attaching supporting documents of his and his family's income, as well as evidence of the obligations of maintenance or payment. The application will also be accompanied by a declaration on the applicant's own responsibility, in order to specify whether during the last 12 months he has received judicial public aid, in what form, for what cause, as well as the amount of this aid. (2) The proof of the material condition of the applicant is mainly made with the following documents: a) the certificate issued by the competent authorities or by the employer, as the case may be, showing the professional income of the applicant and of the other members of the family subject, according to the law, to the income tax, made during the period provided by the legislation on judicial public aid, or the amounts collected as a pension, unemployment benefit or social security and the like, collected for the same period; b) the family card and, as the case may be, the birth certificates of the children; c) the certificate of disabled person of the applicant or child, as the case may be; d) self-declaration showing that the applicant and the other family members do not benefit from additional income; e) self-declaration regarding the patrimonial situation of the applicant and his family; f) self-declaration showing that the applicant and/or the other natural or adoptive parent or, as the case may be, another person entrusted with the child for adoption or having the child in foster care or placement in emergency regime or has been appointed guardian is in charge of raising and caring for the child and that he is not entrusted or given in foster care to any authorized private body or authorized public service or legal person; g) proof issued by the competent authorities regarding the situation of the taxable property of the applicant or, where applicable, of the other members of h) other acts necessary to establish the right to judicial assistance, according to the law. (3) The application for extrajudicial assistance shall be submitted to the judicial assistance service and shall be settled no later than 15 working days from the date of registration, by decision of admission or rejection, as the case may be. ((4) In the case of admission of the application for extrajudicial assistance, the decision on the granting of legal aid shall include the following: a) name of the act b) the name of the issuing body; c) the legal basis and in fact for issuing the decision; d) the person to whom the out-of-court assistance is provided; e) the type or form of out-of-court assistance granted; f) the date of issue, function and signature of the person who issued that act. (5) Pursuant to the decision granting the out-of-court assistance, the dean of the competent bar shall appoint a lawyer from the Register of Judicial Assistance of the Bar. (6) After the possibilities, the dean of the bar may approve the provision of extra-judicial assistance by a lawyer chosen by the person to whom the legal aid is granted. (7) The decision referred to in paragraph ((3) shall be communicated to the applicant within 5 working days from the date of issue of the decision. (8) The decision to reject the application for the provision of extra-judicial assistance may be challenged at the bar council within 5 days of its communication. (9) Appeals against the rejection decision shall be settled by the bar council, with an emergency character at the first meeting of the bar council. + Article 75 The lawyer who provides legal assistance according to this chapter shall not be entitled to receive from the customer or from the apparatus any kind of remuneration or other means of reward, even as a cover of expenses. + Section 2 Organisation of the work to provide legal assistance + Article 76 (1) Within the U.N.B.R., the Department of Coordination of Judicial Assistance, an organ with permanent activity, coordinated by a Vice President of the U.N.B.R. The organizational structure of this department is established by decision of the Standing Committee of the U.N.B.R. (2) The Department of Coordination of Judicial Assistance issues methodological decisions and norms within the limits of the powers conferred by this law, under the conditions and with the procedure provided by the Statute of the profession of lawyer. + Article 77 The Department of Coordination of Judicial Assistance shall, in particular, exercise the following tasks: a) carry out the methodological management of the activity of providing judicial assistance; b) develop the draft framework regulation for the organization of judicial assistance services; c) proposes or, as the case may be, endorses draft protocols that end with the competent public authorities in order to obtain the necessary financial means for the organization of judicial assistance services; d) organise the National Register of Legal Aid on the basis of registers drawn up by bars e) organize and coordinate the methodology for payment of fees for the legal assistance granted; f) carry out the control over the judicial assistance g) develop draft normative acts in the field of judicial assistance, which he proposes to the Ministry of Justice in order to promote; h) establishes, together with the Ministry of Justice, statistical indices, keeps the statistical record of the judicial assistance system and analyzes the necessary information for the correct planning and coordination of the judicial assistance system; i) collaborate with the Ministry of Justice for the proper functioning and planning, including from a budgetary point of view, of the judicial assistance system; j) popularize the legal aid system; k) establishes the formulary used by bars for the organization of judicial and extrajudicial assistance activity, under the law; l) represents the U.N.B.R. in the field of judicial assistance, within the framework of international cooperation in the field, under the law or the Statute of the lawyer profession. + Article 78 In order to organize the legal aid activity, the bars shall perform the following tasks: a) organize the judicial assistance services both at the level of each bar and at the headquarters of each court; b) organize and update the Judicial Assistance Register of each bar based on the lawyers ' requests, approved by the bar council; c) designate the lawyers enrolled in the Judicial Assistance Register for the provision of legal assistance, taking into account the professional experience and the qualification of the lawyer, as well as the nature and complexity of the case, the other de according to the present law and its degree of employment; d) carry out the control over the provision of legal assistance by the lawyers of the bar; e) organize and execute programs to popularize the system of judicial assistance; f) perform any other duties provided by law or the Framework Regulation for the organization of judicial assistance services. + Article 79 (1) The Bar organizes the judicial assistance services at the premises of all the courts of the county, in spaces intended exclusively for the conduct of this activity, which shall be made available, compulsorily and free of charge by the Ministry Justice or, as the case may be, local public administration authorities. (2) The assistance services provided in par. (1) are headed by a definitive lawyer, appointed by the bar board, and are coordinated by a member of the board. The organization, operation and duties of the judicial assistance services are carried out according to the regulation approved by the bar council, based on the Framework Regulation for the organization of judicial assistance services, approved by the Council U.N.B.R. + Article 80 (1) Each bar shall organise the Register of Legal Aid in which lawyers who may be designated for the provision of legal assistance and out-of-court assistance are enrolled. (2) The register shall be public, shall be kept on paper and in electronic form and shall be published on the website of each bar. ((3) The update of the Judicial Assistance Register for the following calendar year shall be made by the end of September of the previous calendar year. (4) In exceptional cases, changes may also be made in the Judicial Assistance Register during the year, according to the procedure provided for in the register. (5) The U.N.B.R. organizes the National Judicial Assistance Register, consisting of the judicial assistance registers of all bars. (6) The national legal aid register shall be published on the website of the U.N.B.R. and shall be updated automatically with the updating of the data from the register of each bar. + Article 81 (1) For registration in the Judicial Assistance Register, the lawyer shall submit an application to the bar to which he belongs. (2) The application provided in par. (1) shall be completed according to the form approved by the Department of Coordination of Judicial Assistance of the U.N.B.R. (3) The lawyer's registration in the Judicial Assistance Register shall be made on the basis of the decision of the bar (4) The Board of the Bar may, reasoned, refuse to register in the register or to remove from the register a lawyer in the following cases: a) if a disciplinary sanction has been applied to the requesting lawyer; b) if the lawyer is accused of committing a common law offence; c) if the repeated violation of the provisions of this law or the lower quality of the judicial assistance granted has been found. (5) The deletion from the register may be ordered for a period of one year, and if the consecutive commission of three or more deviations from the obligations provided by this law is found, the deletion may be ordered for a period of up to 3 years. (6) The refusal of the applicant bar to register the applicant in the register, as well as the measure of the removal of a lawyer from the register, may be challenged according to the procedure VI of the present law. (7) The deletion decision in the register shall be brought to the public's attention by display on the website of the bar, as well as on the website of the U.N.B.R. + Article 82 (1) For the legal assistance granted, the designated lawyer shall be entitled to an honorarium established by the judicial body, according to the nature and volume of the activity carried out, within the limits of the amounts established by the protocol concluded between the Justice. (2) By the act of enforceability of judicial assistance, the judicial body shall also determine the provisional amount of the lawyer's fee. (3) After the provision of legal assistance, the lawyer shall draw up a written reference on the effective lawyer's performance, according to the form approved by the Department of Coordination of Judicial Assistance of the U.N.B.R. The reference is subject to confirmation of the judicial body, which, depending on the volume and complexity of the activity carried out by the lawyer, as well as in relation to the duration, type and peculiarities of the case, may order the maintenance originally established. (4) The reference confirmed according to par. (3) shall be submitted to the bar, in order to carry out the formalities provided by law for payment of fees. (5) If the lawyer is disciplined, according to art. 86 86 para. (1), the lawyer will not receive the fee in providing the legal assistance for which he was designated, for that case. + Article 83 (1) The payment of the fee for legal assistance granted is made monthly by bank transfer, based on the documents for settlement provided in art. 82 82 para. (2), endorsed by the bar council. ((2) The amounts necessary for the payment of fees or, as the case may be, of the remuneration for legal assistance shall be transferred, monthly, under the law, in a separate account, opened by each bar. The observance by the bars of the destination of the funds thus transferred also makes the object of the control of the U.N.B.R., under the conditions established by the Statute of the profession + Article 84 The U.N.B.R. and the bars work with the Ministry of Justice, the Superior Council of Magistracy, the courts, as well as with the prosecutors ' offices, in order to carry out in good conditions the activity of providing assistance the judicial authorities of the European Union + Article 85 ((1) The fees for legal assistance granted in any of the forms provided for in this chapter shall be established by the protocol concluded between the U.N.B.R. and the Ministry of Justice, under the law. (2) The funds necessary to pay the fees provided in par. ((1) ensure that art. 26 26 para. ((1) lit. a) of Law no. 146/1997 on stamp court fees, with subsequent amendments and completions. (3) For the current expenses necessary for the operation of the judicial assistance services within the bars, from the amounts transferred monthly for the payment of the fees due for legal assistance, each bar constitutes a fund by withholding 1% of the amount of these amounts, approved and actually paid. The retention of the 1% percentage is made upon the actual payment of the fee to the entitled lawyer. ((4) The fees for legal assistance granted in any of the forms provided for in this chapter, at the request of the local public administration bodies, shall be granted from the funds of these bodies, within the limits of the ended by each bar with these. In the absence of the Protocol, the limits set by the Protocol provided for in Article 82 82 para. ((1). + Chapter VI Disciplinary liability + Article 86 (1) The lawyer shall be liable for non-compliance with the provisions of this law or of the statute, for non-compliance with the mandatory decisions adopted by the governing bodies of the bar or the union, as well as for any the relationship with or outside the profession, which are likely to prejudice the honour and prestige of the profession or the institution. (2) The lawyer who leads the judicial assistance of each court is obliged to notify in writing to the council of the bar the acts committed by any lawyer, under the conditions of the provisions of par. ((1). (3) The courts and prosecutors ' offices of the Public Ministry are required to submit to the bar council any complaint made against a lawyer and to notify him of any prosecution or trial action against a Lawyer. + Article 87 (1) The investigation of the misconduct and the exercise of disciplinary action are within the competence of the bar (2) The investigation of the misconduct and the exercise of disciplinary action regarding the deans of the bars and the members of the U.N.B.R. Council are within the competence of the U.N.B.R. Council. (3) Members of the standing committee who are under investigation cannot participate in the debates on the decision to exercise disciplinary action. (4) In all cases the disciplinary action may be exercised no later than one year after the date of the misconduct. + Article 88 (1) Within each bar is organized and operates a discipline commission that judges, in the first instance and in full of 3 members, the disciplinary deviations committed by the lawyers of that bar. (2) Within the U.N.B.R. is organized and operates the central discipline commission, which judges: a) as a court of law, in full of 3 members, the deviations committed by the members of the U.N.B.R. Council and the deans of the bars; b) in appeal, in complete of 5 members, according to the provisions of the statute of profession. (3) The appeal declared against the disciplinary decision of the Central Disciplinary Commission, as a court of law, is judged by the U.N.B.R. Council constituted as a disciplinary court in its plenum, apart from the person involved in the case. (4) Against the decisions rendered according to par. (2) and (3) the interested party may appeal to the Administrative and Fiscal Litigation Section of the Bucharest Court of Appeal. ---------- Alin. ((4) of art. 88 88 has been amended by art. 24 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (5) The procedure for the trial of disciplinary deviations is established in the statute of the profession and shall be supplemented by the provisions of the Code + Article 89 (1) The disciplinary sanctions are: a) reprimand; b) the warning; c) fine from 50 lei to 500 lei, which is made to the budget of the bar. The payment of the fine will be made within 30 days from the date of final stay of the disciplinary decision. Failure to pay this term attracts the suspension of law from the exercise of the profession, until the amount is paid. The limits of disciplinary fines are regularly updated by the U.N.B.R. Council, depending on the rate of inflation. d) the prohibition to exercise the profession for a period of one month to one year; e) exclusion from the profession. (2) During the period of prohibition the lawyer cannot provide legal assistance under any circumstances, he cannot make use of the quality of lawyer and cannot participate in the work of the profession's organs. (3) The person concerned, the dean of the bar and the president of the Union, may appeal against the disciplinary decision within 15 days of the communication. + Article 90 (1) In case of obvious and serious misconduct, the disciplinary court may take the measure of suspension of the lawyer from the exercise of the profession until the final judgment of the case (2) Against the conclusion by which this measure was taken, an appeal may be declared within 5 days of the communication. (3) The appeal shall be suspended and shall be resolved as a matter of urgency. + Chapter VII Repealed ---------- Chapter VII, comprising art. 91 91-95 was repealed by lit. b) a art. 139 of LAW no. 72 72 of 28 April 2016 , published in MONITORUL OFFICIAL no. 342 342 of 5 May 2016. + Article 91 Repealed. ---------- Article 91 was repealed by letter. b) a art. 139 of LAW no. 72 72 of 28 April 2016 , published in MONITORUL OFFICIAL no. 342 342 of 5 May 2016. + Article 92 Repealed. ---------- Article 92 was repealed by the letter. b) a art. 139 of LAW no. 72 72 of 28 April 2016 , published in MONITORUL OFFICIAL no. 342 342 of 5 May 2016. + Article 93 Repealed. ---------- Article 93 was repealed by letter. b) a art. 139 of LAW no. 72 72 of 28 April 2016 , published in MONITORUL OFFICIAL no. 342 342 of 5 May 2016. + Article 94 Repealed. ---------- Article 94 was repealed by the letter. b) a art. 139 of LAW no. 72 72 of 28 April 2016 , published in MONITORUL OFFICIAL no. 342 342 of 5 May 2016. + Article 95 Repealed. ---------- Article 95 was repealed by the letter. b) a art. 139 of LAW no. 72 72 of 28 April 2016 , published in MONITORUL OFFICIAL no. 342 342 of 5 May 2016. + Chapter VIII The exercise in Romania of the profession by the lawyers who obtained the professional qualification in one of the member states of the European Union and of the European Economic Area + Section 1 General provisions + Article 96 ((1) The provisions of this Chapter shall apply to lawyers who have obtained their professional qualification in one of the Member States of the European Union and of the European Economic Area, which exercises their profession on the territory of Romania a) independently or in association; b) as employees in Romania; c) by providing services. ((2) The provisions of this chapter are also applicable to lawyers who have obtained their professional qualification in the Swiss Confederation, who exercise their profession on the territory of Romania in any of the modalities provided in par. ((1). + Article 97 For purposes of this Chapter: a) lawyer shall mean any person from a Member State of the European Union or of the European Economic Area, who is authorised to carry out his professional activities under the corresponding professional title obtained in a Member State b) the Member State of origin shall represent the Member State of the European Union or of the European Economic Area, in which a lawyer has obtained the right to use one of the professional titles referred to in point a), before practicing the profession of lawyer in Romania; c) professional title from the home Member State is the professional title used in the Member State where a lawyer has obtained the right to use this title, before practicing the profession of lawyer in Romania; d) grouping shall mean any entity, with or without legal personality, organised under the laws of a Member State, where the lawyers carry out their professional activities together under a common name; e) professional title in Romania is the professional title under which a lawyer is enrolled in the Romanian Lawyers ' Painting; f) the competent Romanian authority is the structure within U.N.B.R., designated according to the statute. + Article 98 Lawyers who practise in Romania under the professional title of the home Member State can carry out the same professional activities as lawyers who practice under the professional title obtained in Romania, can provide legal assistance and can represent natural persons or legal persons before the Romanian courts, regarding the right of the home Member State, Community law, international law, as well as the Romanian law, in compliance with the rules of procedure applicable to the Romanian courts + Article 99 ((1) The lawyers who practise in Romania under the professional title of the home Member State shall use the name under which they carry out their profession in the Member State of origin, expressed in the official language or in one of the official languages of the State member of the respective origin. (2) In addition to the name provided in par. (1), in the name will be mentioned, together with the legal form of exercising the profession in Romania, and the legal form of the group in the home Member State. (. The competent Romanian authority may require a lawyer who practises under the professional title obtained in the Member State of origin to indicate the professional grouping of which he is a member of the Member State of origin or the judicial authority in which the is admitted to practise, according to the law of the home Member State. (4) The lawyer who obtains the admission to the profession of lawyer in Romania under the conditions 100 or 109 shall be entitled to use the professional title of the Member State of origin, expressed in the official language or in one of the official languages of the home Member State, together with the professional title corresponding to the profession of lawyer of the Romania. + Article 100 ((1) Regardless of the form of activity on the territory of Romania, lawyers who practise under the professional title of the home Member State may always request the recognition of diplomas, for admission to the profession of lawyer and of its practice under the professional title in Romania. (2) In order to recognize diplomas in Romania, the applicant will have to support, at election, a knowledge verification examination or to carry out a 3-year internship in the field of Romanian law. (3) U.N.B.R. will establish the composition of the evaluation committee, as well as the content and way of conducting the exam or the internship, as the case may be. (4) When submitting the request for recognition of the diploma, in order to determine the content and conduct of the exam or the internship period, the evaluation committee will verify in advance whether the professional experience acquired by the applicant is likely to cover in whole or in part the existing differences between the Romanian and the Member State of origin in which the diploma was obtained, with a view to the partial or total exemption from the fulfilment of the conditions laid down in the in par. ((2). (5) The provisions of this Article shall be supplemented by the provisions of the framework legislation on the mutual recognition of professional qualifications. + Article 101 (1) The Romanian competent authority and the competent authorities of the Member States of origin shall collaborate in order to apply the provisions of this law accordingly, the information obtained within these collaborations being confidential. The collaboration can also be achieved through the information system within the internal market, in accordance with the provisions Government Emergency Ordinance no. 49/2009 on the freedom of establishment of service providers and the freedom to provide services in Romania, approved with amendments and additions by Law no. 68/2010 . (. The competent authority of the home Member State may make observations in the framework of disciplinary proceedings against a lawyer practising under the professional title of that State. + Section 2 Permanent exercise of the profession in Romania by the lawyers who obtained the professional qualification in one of the member states of the European Union and of the European Economic Area + Article 102 (1) Under the conditions of this section, any of the lawyers referred to in art. 97 lit. a) may carry out on the territory of Romania, permanently and under the professional title of the home Member State, the activities provided for in art. 98. (2) Lawyers who permanently exercise their activity on the territory of Romania may acquire the professional title in Romania either under the conditions provided in art. 100, or according to art. 109. + Article 103 (1) The lawyer who wishes to practice in Romania under the professional title of the Member State in which he obtained his professional qualification is part of the special picture held by the Romanian bars, under the conditions of this article, of art. 13 13 para. ((6) and the status of the profession. (. The competent Romanian authority shall register the applicant's lawyer on the basis of the presentation of a certificate attesting to his registration with the competent authority of the The competent Romanian authority shall inform the competent authority of the home Member State of registration. (3) The certificate provided in par. (2) must be issued no later than 3 months before the application for registration in the Romanian Lawyers ' Table. (4) When publishing the names of the lawyers registered in Romania, the competent Romanian authority will also publish the names of the lawyers registered according to + Article 104 ((1) Lawyers who practise under the professional title of the home Member State shall be provided with appropriate representation in the professional associations of lawyers in Romania, according to the provisions of this law and the status of the profession; they have at least the right to participate in the election of the governing bodies of these associations. ((2) The lawyers who practise under the professional title of the home Member State shall be obliged either to provide for professional liability, under the conditions established by the status of the profession, or to become members of the Insurance House of Lawyers, in the conditions of the head. VII. (3) The lawyers may be exempted from the obligations provided in par. ((2), if they provide proof of a paid insurance or other guarantee given under the law of the Member State of origin, in so far as the insurance or guarantee is equivalent in terms of conditions and coverage. If the coverage is only partial, the lawyers must take out additional insurance to cover the issues that are not found in the insurance or guarantee given according to the regulations of the home Member State. + Article 105 Lawyers registered in Romania under the professional title of the home Member State may profess as employees in any of the forms of organization of the profession, allowed for lawyers who practice under the professional title obtained in Romania. + Article 106 Lawyers practising in Romania under the professional title of the home Member State shall be subject to the same rules of professional conduct provided for in this Law and in the status of the profession as lawyers practising under the professional title obtained in Romania, for activities carried out in the country. + Article 107 (1) The lawyers provided for in this chapter are responsible for non-compliance with this law or statute, according to the head provisions. VI. ((. Prior to the initiation of disciplinary proceedings against a lawyer practising under the professional title of the Member State of origin, the competent Romanian authority shall inform the competent authority of the Member State of origin, providing any useful information in question. (. The competent Romanian authority shall cooperate with the competent authority of the home Member State throughout the course of disciplinary proceedings. (4) The permanent or temporary withdrawal by the competent authority of the Member State of origin of the authorization for the exercise of the profession shall have as a mandatory effect the temporary or permanent prohibition that the lawyer concerned shall practise in Romania under the professional title of the home Member State. + Article 108 ((1) One or more lawyers from the same group or from the same Member State, who practise under the professional title of the home Member State, may practise in Romania by establishing a secondary establishment of that grouping, organised in any the form of exercising the profession of lawyer provided by the Romanian law. (2) The profession of lawyer may also be exercised within the associated forms provided by the Romanian law, as follows: a) several lawyers from different Member States, who practise under the professional titles of the Member States of origin; b) one or more lawyers among those referred to in lett. a) and one or more lawyers from Romania. ((3) The lawyer who intends to practise under the professional title of the home Member State shall inform the competent Romanian authority that he is a member of a form of practising the profession in the Member State of origin and shall supply all the relevant details of that grouping + Article 109 ((1) The lawyers who practise under the professional title of the Member State of origin and who carry out their activity effectively and regularly, for a period of at least 3 years in Romania, in the field of Romanian law or Community law are admitted to the profession of lawyer in Romania, without the need to meet the conditions provided for in art. 100, in compliance with the provisions of this law on the exercise of civil and political rights and on cases of indignity and incompatibility. (2) In front of the competent Romanian authority, applicants must provide proof of regular activity in Romania for a period of at least 3 years in the field of Romanian or Community law. For this purpose: a) the lawyers must submit all relevant information and documents on the number of cases in which they have provided legal assistance, as well as on their nature; b) the competent Romanian authority may verify the actual character and regularity of the activity carried out and may ask the lawyer, if necessary, to provide clarifications, in writing or verbally, on the information and documents provided for in lit. a). ((3) The lawyers who practise under the professional title of the Member State of origin in Romania can always ask for their diplomas to be recognized, according to the provisions of art. 100, in order to obtain admission to the profession of lawyer in Romania and to exercise it under the professional title thus obtained. ((4) The lawyers who practise under the professional title of the home Member State and who have effectively and regularly carried out a professional activity in Romania for a period of at least 3 years, but for a shorter period in the field of Romanian law, can obtain admission to the profession of lawyer and the right to practice under the professional title in Romania, without the need to fulfill the conditions provided in art. 100, in compliance with the provisions of this law on the exercise of civil and political rights and in cases of indignity and incompatibility, after the following procedure: a) the competent Romanian authority takes into account the actual and regular performance of the activity in the period of at least 3 years, the knowledge and professional experience acquired in Romania, as well as any participation in lectures and seminars about the Romanian law or the deontology of the lawyer profession; b) the applicant provides the Romanian bar with any relevant information and documentation, in particular about the cases in which it has granted legal assistance. (5) The decision of the competent Romanian authority not to grant automatic registration if the proof has not been presented as the requirements provided in par. ((1) or (4) have been fulfilled shall be reasoned, communicated to the applicant and to the bar and subject to the remedies provided for by the status of the profession. (6) The effective and regular conduct of the lawyer's activity in Romania and his ability to continue it are evaluated on the basis of a sustained interview with the evaluation committee provided for in art. 100. (7) The competent Romanian authority may, by a reasoned decision and subject to the remedies provided by the statute of the profession, refuse to the applicant lawyer the award of the professional title of lawyer in Romania, if it is considered that it would bring public order, as a result of disciplinary violations, complaints and incidents of any kind. (8) The representatives of U.N.B.R. are obliged to maintain the confidentiality of the information received during the examination of the application for professional title in Romania. + Section 3 The exercise in Romania, through the provision of services, of the profession by the lawyers coming from the Member States of the European Union and of the European Economic Area + Article 110 ((1) Under the conditions of this section, lawyers from the Member States of the European Union and of the European Economic Area may carry out in Romania professional activities which may be exercised occasionally in the form of the provision of services. (2) The provision of services provided in par. (1) shall be exercised in Romania by representing the legitimate rights and interests of natural persons and legal persons in justice or before public authorities, under the conditions provided for lawyers established in this state, without being required to register in the bar. ((3) For the exercise of activities other than those mentioned in par. (2), the lawyer complies with the conditions and rules of professional conduct of the home Member State, as well as the Romanian legislation on the profession, in particular on incompatibilities, professional secrecy, relations between lawyers, the prohibition of the same lawyer representing two parties having the interests of the contrary as well as advertising. A lawyer who is not established in Romania is kept by following these rules only to the extent that their compliance is objectively justified in order to ensure the correct exercise of lawyer activities, the dignity of the profession and respect rules on incompatibility. + Article 111 (1) The competent Romanian authority shall ask the lawyer who provides services proving his/her quality of lawyer. (2) In case of non-compliance with the obligations provided in 110, the competent Romanian authority establishes by statute the consequences of this non- (3) When checking the case of non-compliance with the obligations provided in art. 110, the competent Romanian authority may request any useful professional information regarding the person providing services. (4) The competent Romanian authority shall inform the competent authority of the home Member State of any decision taken. The communications referred to in this paragraph shall be confidential. + Chapter IX Transitional and final provisions + Article 112 This law will be implemented as follows: a) the current governing bodies of the Union of Lawyers in Romania will continue to carry out their duties, according to the law and the status of the profession, as governing bodies of the U.N.B.R., for the entire duration of the mandate for which they were elected; b) The U.N.B.R. Council shall draft the draft status of the profession and shall adopt it no later than 90 days from the date of entry into force of this Law. The status of the profession will be published in the Official Gazette of Romania, Part I; c) the new forms of association for the exercise of the profession of lawyer will be organized and will operate only after the entry into force of the new status of the profession. + Article 113 (1) On the date of entry into force of this law, natural or legal persons who were authorized on the basis of other normative acts or were approved by judicial decisions to carry out consulting, representation or assistance activities legal, in any fields, ceases its activity. Continuing such activities is a criminal offence and is punishable by criminal law. (2) Also, on the date of entry into force of this Law, the effects of any normative, administrative or judicial act by which consulting, representation and legal assistance activities have been recognized or approved contrary to the provisions of this law (3) The provisions of par. ((1) and (2) shall not apply to the profession of legal counsel, which shall be exercised in accordance with the provisions of Law no. 514/2003 on the organization and exercise of the profession of legal adviser, with subsequent additions. (4) Councils and deans of the bars have the obligation and authorization to follow the performance of the provisions of par. ((1) and (2) and to take legal measures in this regard. + Article 114 On the date of entry into force of this Law, the name of the Union of Lawyers in Romania is replaced by the name of the National Union of Bars of Romania, in all normative acts. *) Note
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* *) art. 83 83, as amended by Law no. 255/2004 .
---------- + Article 115 On the date of entry into force of this Law any contrary provisions shall be repealed. * *) Note
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** **) art. 84 84, introduced by Law no. 255/2004 .
---------- + Article 116 The procedures and authorization formalities provided for by this law can also be fulfilled through the single contact point, in accordance with the provisions Government Emergency Ordinance no. 49/2009 , approved with amendments and additions by Law no. 68/2010 . The provisions of this Article shall apply from the date of operationalization of the single contact point. Note
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NOTE:
We reproduce below provisions that are not incorporated into the republished form of Law no. 51/1995 and which continue to apply as own provisions of the amending acts:
1. Art. II of Law no. 201/2004 on completion Law no. 51/1995 for the organisation and exercise of the legal profession:
"" Art. II. -(1) This law shall enter into force on the date of the accession of Romania to the ((2) The provisions of the provisional arrangement proposed by the European Union, relating to the restriction for a maximum period of 7 years of the freedom of movement of lawyers, shall apply on the basis of reciprocity. "
2. Art. II-V of Law no. 270/2010 amending and supplementing Law no. 51/1995 for the organisation and exercise of the legal profession:
"" Art. II. -(1) Within 60 days from the entry into force of this Law, the Statute of the Lawyer Profession, published in the Official Gazette of Romania, Part I, no. 45 of January 13, 2005, with subsequent amendments and completions, is amended according to the provisions of this Law. (2) Within the period provided in par. (1), the Council of the National Union of Bars of Romania adopts the Framework Regulation for the organization of legal aid services provided for in art. 68 68 ^ 6 * **) lit. b) of Law no. 51/1995 , republished, with subsequent amendments and completions, as well as with those brought by this law.
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***) Art. 68 ^ 6 became by renumbering art. 77.
Art. III. --The provisions relating to professional companies with limited liability Law no. 51/1995 , republished, with subsequent amendments and completions, as well as with those brought by this law, shall enter into force after the entry into force of the amendments to the Statute of the profession of lawyer, provided in art. II.
Art. IV. --Provisions art. I section 7-9 shall also apply for the exams in progress on the date of entry into force of this Law.
Art. V.-Throughout the Law no. 51/1995 , republished, with subsequent amendments and completions, the phrase "limited liability professional civil society" is replaced by the phrase "limited liability company". "
---------- Annexes to the Statute of the profession of lawyer approved by Government Decision no. 64/2011 64/2011. --------