The incompatibilities in exercising the profession of lawyer from the ECHR jurisprudence perspective

• Author: Roxana Matefi
• Position: Law Department, Transilvania University of Brasov
• Pages: 181-188

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 8 (57) No. 1 - 2015

THE INCOMPATIBILITIES IN

EXERCISING THE PROFESSION OF

LAWYER FROM THE ECHR

JURISPRUDENCE PERSPECTIVE

Roxana MATEFI1

Abstract: This article aims at analyzing specific incompatibilities and

prohibitions of the legal profession, in light of domestic regulations in force

(mainly the Law no. 51/1995 on the organization and exercising the profession

of lawyer, modified and amended and the Status of the legal profession), and in

terms of the influence that such a decision finding incompatibility may have in

terms of ECHR jurisprudence. ECHR practice is consistent in considering that

professional activity cannot be considered independent in relation with private

life, actually being an essential component of the latter, so that restrictions or

limitations to the professional life were qualified by the European Court of

Human Rights as violations of art. 8 of the Convention, which has held that

"everyone has the right to respect for his private and family life, his home and

his correspondence.

Key words: incompatibility, interdiction, violation, independence, ethics.

1 Law Department, Transilvania University of Braşov.

1. Introductory notes

Incompatibility is described in the legal

literature as the prohibition to "carry out

certain activities that might affect the

exercise of the profession" [4] or as "legal

impossibility to cumulate certain public

functions or specific elective mandates or a

public function or an elective mandate with

certain private occupations or two private

activities" [3].

According to the Romanian Language

General Dictionary, incompatibility was

defined as the „situation of two functions

or professions which can’t be occupied or

exercised by someone at the same time”.

According to article 15 of Law no.

51/1995 republished, the exercising of the

profession of lawyer is incompatible to:

- paid activity within another

profession than lawyer;

- occupations which impair the dignity

and independence of the profession of

lawyer or ethics;

- exercising acts of commerce.

2. The incompatibility between being a

lawyer and exercising a paid activity

within another profession

As for the first case of incompatibility

mentioned by the Law for organizing and

exercising the profession of lawyer, we

must mention that this incompatibility does