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A New Regulation of the Lawyer’s Profession. Draft Convention Regulating the Protection of the Profession of Lawyer

Author

Listed:
  • Simona Franguloiu

    (Institute of Legal Research “Acad. Andrei Rădulescu†of the Romanian Academy, Romania)

Abstract

The rule of law, fundamental to the majority of states today, cannot be conceived without justice. Lawyers, by exercising the prerogatives at their disposal, are a central element of the justice system, with the right and obligation to ensure that the rights of individuals are not neglected or jeopardized, while the judiciary has the task and the right to resolve legal disputes arising from actions that fall within the ambit of unlawful. In this system of justice, the right to a defense is an ancient concept firmly rooted in legal mentality, without which the very idea of justice is inconceivable. The development of this right has culminated in its elevation to the status of a fundamental principle of the trial, compliance with which must be absolute. Only in this way is it possible to respond to the imperative requirement imposed by the rule of law. One of the necessary conditions for its full realization, in the context of globalization, is the protection of the legal profession through a flexible and efficient international instrument, with effective and dissuasive guarantees for those who violate these rules and easy to integrate into the national laws of the States parties.

Suggested Citation

  • Simona Franguloiu, 2024. "A New Regulation of the Lawyer’s Profession. Draft Convention Regulating the Protection of the Profession of Lawyer," RAIS Conference Proceedings 2022-2024 0446, Research Association for Interdisciplinary Studies.
  • Handle: RePEc:smo:raiswp:0446
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