Brussels, 05/01/2012 (Agence Europe) - The Council of Bars and Law Societies of Europe (CCBE) and the American Bar Association (ABA) wrote to Christine Lagarde, Managing Director of the International Monetary Fund (IMF), on 21 December to express their concern over the reforms demanded by the EU-ECB-IMF troika which affect the independence of the profession in so-called “bail-out” countries, the CCBE says in a press release published on Thursday 5 January.
As part of the aid plans put in place for Greece, Ireland and Portugal, the troika has advocated the deregulation and opening up to competition of a number of professions, including the legal profession. On 4 October last year, the CCBE points out, the Irish government, for instance, approved the publication of a new Legal Services Regulation Bill. This Bill calls for the establishment of an Independent Regulator, the members of which will all be appointed by the Irish Justice Minister. The new authority will have all powers of regulation including conduct, discipline and complaints handling.
Moves such as this undermine the independence of the profession, the two associations write in their letter and also endanger the public's access to justice. The CCBE and the ABA state that lawyers and bars and law societies are open to reform if necessary, especially in these difficult economic times. However, the current developments go beyond proportionate and necessary reforms and raise fundamental questions of compliance with international norms, they argue. “Initiatives are being taken based on a purely economic approach, without taking account of the purpose/justification of professional regulation and without analysing the impact of such proposals on the administration of justice”, they say.
The two organisations warn that the proposed reforms are inconsistent with regulation independent from the executive branch of the state, one of the core principles of the legal profession in Europe, the United States and internationally. (LC/transl.rt)