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The Systems of the Bar Association Self-Governed Bodies in the European Union Countries: Italy, Germany and France


Publication Date:

Authors : ;

Page : 38-45

Keywords : advocate; advocacy; organ system of advocate government.;

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Problem setting. One of the conditions of Ukraine’s integration into the European Union is to build a bar association system and to create the legislation framework for its organization and operation with the provisions that will reproduce the model of democratic legal bar association institute. Because only provided the proper functioning of this institution, the development of democracy and the rule of law become possible, that, in turn, is one of the main criteria of Ukraine’s membership in the EU. Under these conditions, the studying of the issues of bar association self-governed bodies’ organization and operation in the EU is relevant in the context of compliance of national legislation with European standards. Analysis of recent researches and publications. The issues of bar association institute organization and operation, including ? in the EU countries, are the subject of many works of domestic and foreign scientists, among them: M. M. Antonovich, A. V. Bohma, O S. Dehanov, R. S. Tytykalo, Roger Smith, René Cassin, M. Kiku, M. Kuzins, Blankenburg, F. Reagan and others. But a separate study that would be dedicated to the research of bar association selfgoverned bodies’ organization in the EU hasn’t been conducted yet. Therefor the subject of the article is relevant and timely. Target of research. The aim of the article is to study the system of bar association self-governed bodies in the EU countries: France, Germany and Italy and to identify the features of their activities. Article’s main body. The article is devoted to comparative legal analysis of bar association self-governed bodies’ organization and operation features in France, Germany and Italy. The author analyzed the models of organization of bar association self-governing in the EU, identified and examined the characteristics of the organization of these systems, and advantages and disadvantages in their activities. Conclusions and prospects for the development. The system of legal regulation of bar association self-governed bodies’ organization and operation in France, Germany and Italy completed in detail. It is a significant indicator of its fundamental and organizational effectiveness. The abovementioned countries have the unitary bar association selfgoverned bodies that are the advanced centralized organization. However, as in others European countries, bar associations of France, Germany and Italy are based on a combination of state control functions (represented by the Ministry of Justice, the higher courts) for the bar activities with clear organizational and disciplinary connectedness of lawyers within each panel. The experience of German lawyers could be important for the national legislator. They were able to create a fairly simple and understandable system of bar associations that combines the elements of mandatory and voluntary membership.

Last modified: 2016-10-04 07:14:59