Legal Nature of Resolutions issued by the Bodies of the Self – Government of Legal Advisors – EU Perspective

Abstract

The topic concerns the self-governing regulatory bodies of the legal profession within different EU Member States and the resolutions passed by those bodies (specially issued by National Council of Legal Advisors or District Councils of Legal Advisors). The legal character of these regulations is differentiated, and, as such, generate different effects with respect to the rights and duties of the members of the self-government and to third parties. It is therefore important to classify and to analyse the nature of such resolutions, also because of the influence this may have, taking into account the possible way of filing claims or petitions with the competent court. The research conducted should answer which resolutions refer to the so called administrative matters, and, by extension, have the nature of administrative decisions (ex. the entry in the register of legal advisors); which are acts of the internal management which fall within the terms of reference of self-government (ex. resolutions exempting legal advisor trainees from paying the annual fee in part or in full, deferring due dates for the payment thereof, and on payments on instalments); and which have the nature of civil law regulations (ex. membership fee). Author describes the matters mentioned in the comparative method, referring the analysis to other continental legal systems, like law binding in Italy, Belgium, France and UK. The sources of research work include the provisions of universally binding legal provisions and internal laws, and internal provisions that regulate the laws on self-government in particular.



Author Information
Marzena Swistak, Maria Curie - Sklodowska University in Lublin, Poland

Paper Information
Conference: ECPEL2015
Stream: Legal Theory

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