Moldovan lawyers strike over independence concerns
The Moldovan Bar Association (MBA) has announced a ten-day general strike, beginning July 15, in response to legislative amendments recently adopted by Parliament.
The Association's President, Dorin Popescu, condemns these unprecedented attacks on the independence and autonomy of the legal profession. He alleges that the amendments were voted on without consulting lawyers or adhering to legal procedures. In contrast, Efimia Bandalac, the amendments' author and a member of the Legal, Appointments, and Immunities Committee, asserts the changes do not impact a lawyer's right to freely practice their profession.
Popescu maintains the amendments were adopted clandestinely, without debate or consultation with lawyers. They were not included on the Legal Committee's agenda for July 10 but were introduced to the plenary session's agenda on the very same day.
Popescu argues that some amendments severely undermine the freedom of the legal profession. Lawyers criticize the banning of fees for examining complaints submitted to the Ethics and Disciplinary Committee; the alteration of Bar Association committee composition to include members designated by the Ministry of Justice; the restriction of Union Council members' terms to a single period; and the disqualification of lawyers from serving on committees if they have been part of any committee or the Union Council in the past three years.
"Yesterday, at 3:10 PM, a courier delivered an envelope containing an A4 sheet signed by the chairwoman of Parliament's Legal Committee. It informed us that the amendment proposed by Ms. Bandalac had been reviewed yesterday, accepted, and forwarded to Parliament for a vote. We were simply told to 'take note'," stated Dorin Popescu, President of the Moldovan Bar Association.
Veronica Roșca, Chairwoman of the Legal, Appointments, and Immunities Committee, declined to comment on the consultations, stating that the official position rested with the amendments' author, MP Efimia Bandalac. Bandalac did not respond to journalists' calls and, in her social media posts, avoided explaining the lack of dialogue.
Bandalac asserts that the profession's independence is unaffected, stating the changes do not interfere with a lawyer's right to freely practice, nor do they intervene in defense activities or subordinate the profession. She maintains the changes target only technical committees, introducing independent members from academia and civil society who are not public officials and would be unable to influence decisions. According to her, the modifications aim for greater transparency, functional rotation, and unrestricted access to disciplinary mechanisms, aligning with national and European practices.
"The modifications do not interfere with a lawyer's right to freely practice their profession, nor do they intervene in defense activities or subordinate the profession. The amendments specifically target the Licensing Committee, the Ethics and Disciplinary Committee, and the Appeals Resolution Committee—essential technical structures where, in addition to the 8 lawyer members, 3 external members will be introduced. These external members, designated by the Ministry of Justice from academia or civil society, are individuals with legal expertise and an impeccable reputation. The elimination of fees for examining disciplinary complaints is a measure to protect the right to petition," Efimia Bandalac posted on Facebook.
On July 11, lawyers convened for an extraordinary meeting.
"The Council has decided that all lawyers will embark on a general strike from July 15 until July 25, when the extraordinary Congress is convened. We urge the Head of State not to promulgate the law," said the President of the Moldovan Bar Association.
During the general strike, lawyers and trainee lawyers will refrain from providing legal assistance, and their absence from these activities will be considered justified. Moreover, failure to comply with the Council's strike decision will incur disciplinary liability.
Translation by Iurie Tataru
