Critici de neconstituționalitate a dispozițiilor art. 14 lit. a) din Legea nr. 51/1995, care au condus la Decizia Curții Constituționale nr. 230/2022. Încălcarea evidentă a drepturilor avocaților în materia nedemnității
The unconstitutionality criticisms of the provisions of art. 14 let. a) of law no. 51/1995, which led to the Constitutional Court Decision no. 230/2022. Obvious violation of lawyers rights in indignity matter

Summary/Abstract: Approximately five years after the pronouncement of the Constitutional Court Decision no. 225/2017 regarding the exception of unconstitutionality of the provisions of art. 14 let. a) and of art. 27 let. d) from Law no. 51/1995 for the organization and exercise of the profession of lawyer, we noticed that the situation was even more unfair towards lawyers, the provisions of the law being more serious than the previous ones, clearly contrary to the original intention of the legislator. Any unbiased observer could easily see, thus, that an erroneous interpretation of the law was reached whereby all lawyers who were definitively convicted of an intentional crime must necessarily be disbarred from the legal profession, which was not the case. the intention of the legislator when enacting the legal norm. For all these reasons, considering that the provisions of art. 14 lit. a) from Law no. 51/1995 are unconstitutional, based on art. 146 let. d) and of art. 147 para. (4) of the Constitution, as well as of art. 1-3, of art. 11 paragraph (1) let. A. d) and of art. 29 of Law no. 47/1992, I respectfully requested the Constitutional Court (i) to admit the exception of unconstitutionality raised and (ii) to find that the respective legal provisions are unconstitutional. By Constitutional Court Decision no. 230/2022, the Constitutional Court admitted the exception of unconstitutionality of art. 14 let. a) from Law no. 51/1995 and found its unconstitutionality, a fact that sanctioned the legislator's passivity in legislating the indignity of lawyers following the Constitutional Court Decision no. 225/2017. The present study tries to provide a legal presentation of the reasoning regarding the contested legal provision and certain legal arguments that led the Constitutional Court to find the unconstitutionality of the provisions of art. 14 let. a) from Law no. 51/1995.

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