The Ministry of Justice has developed a Draft Law “On Making Amendments and Addenda to the Law on Advocacy” within the framework of the strategic direction of the reform of advocacy sector. It has not yet been submitted for public discussion, but was sent to the Chamber of Advocates and all acting advocates for collection of preliminary opinions. Iravaban.net has started a series of interviews, which aims to present the observations and opinions of the advocacy community on the proposed changes.
We talked about the topic with Armine Fanyan, a member of the Chamber of Advocates.
– In your opinion, what is the objective for implementing such changes?
– Legislative changes should mainly be aimed at the development of this or that institute, however; in this case the proposed changes are aimed at limiting the independence of the advocacy institute or making it in some way controllable.
– One of the proposed changes refers to the review of the role of the Board of the Chamber of Advocates and the Chairman of the Chamber in the executive management relations of the Chamber of Advocates, giving priority to collegial management. How do you feel about this proposed change?
– The current system has proven its effectiveness over the years, while introducing such a structure, the peculiarities of the field and the problems that arise in practice have been taken into account. The bodies operating in the Chamber are in a relationship of mutual restraint and balance of powers. And individual powers are more conditioned by the need to respond to situations effectively and as flexibly as possible. At the same time, it does not exclude the need to carry out certain reforms, as the simultaneous development of public relations requires continuous and consistent self-improvement also in institutional terms. It should also be noted that in different periods the Chamber of Advocates has repeatedly come up with initiatives to develop legislation in the field.
– One of the proposals for changes refers to the possibility that the Public Defender’s Office will be able to organize public protection of persons through other persons who are not public defenders. Will the change be appropriate?
– Currently, free legal aid is also provided through the PRO BONO program, the essence of which is that advocates who are not public defenders are involved in the process of providing free legal aid. This gives the advocate an opportunity to develop practical knowledge and enjoy a number of advantages. However, there are problematic regulations in the proposed structures. For example, the possibility of providing free legal aid by a person who does not yet have the relevant qualifications is problematic, as it may jeopardize the constitutional right of a person to receive quality legal aid.
– Ms Fanyan, which of the other changes proposed by the Ministry of Justice are problematic and what are the risks on the way to their implementation?
– In general, the draft proposes changes that endanger the independence of the advocacy institute. In particular, the involvement of representatives of state bodies and non-governmental organizations in the bodies of the Chamber of Advocates in the extent as proposed by the draft is unacceptable. Advocacy is one of the key institutes of civil society and it is illogical to create external control mechanisms over it.
– How do the advocates perceive the proposed changes? Do you associate them with the results of the recent election of the Chairman of the Chamber?
– In general, the lawyers’ reactions to the draft are negative. Numerous concerns have been expressed in connection with a number of provisions.
We are full of hope that the necessary changes will be made in the draft taking into account the concerns presented by the advocates.
Meri Mnoyan
