26. Decizie consiliu barou de excludere din profesia de avocat. Majoritatea cerută de lege și semnificația abținerii de la vot
26. Decision of the bar association council to exclude from the lawyer profession. The majority requested by the law and the meaning of the abstention from vote

Summary/Abstract: The vote in said pluripersonal administrative body as an expression of will triggering the rise of the challenged administrative act must be construed as mandatory and not freely expressed as admission or even abstention. Except for the legal provisions (corresponding to the conflict of interests set forth in Law 161/2003 or the incompatibilities set forth in the Civil Procedure Code), the members of said administrative bodies did not enshrine legally a right to abstain from the vote. To admit to the members of said collegial administrative bodies the right to refrain from the vote, outside the applicability of the legal objections, is equal to admitting their right to refuse to exercise the duty granted to them by designation/election in the collegial body and, implicitly, an attempt to avoid the correlative liability. The expression of will by “abstention” from vote, without meeting the requirements of a conflict of interests or an incompatibility examined by reference to the applicable law finally means a refusal of the person to exercise the legal duties and may not be accepted as a legal expression of an administrative body.

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