35. Asigurări sociale. Valorificare perioadă de stagiatură în profesia de avocat. Stare de incompatibilitate în exercitarea profesiei de avocat
35. Social insurance. Use of the internship period in the legal profession. Status of incompatibility in practicing the lawyer profession

Summary/Abstract: The current invocation of a possible state of incompatibility in which the plaintiff was during 2003 2005 generated by the exercise of the profession of lawyer at the same time as carrying out a salary based activity appears to be late and null, given that the suspension of capacity of lawyer during the state of incompatibility was not imposed according to Article 27 paragraph (1) letter a) of Law no. 51/1995 for the organization and exercise of the legal profession. Consequently, the continuous performance of the legal profession, correlated with the payment of social insurance contributions in the lawyers' own system, is a basis for the recognition of the capacity of the plaintiff during the period and the contribution period achieved according to Article 6 paragraph (1) of Law no. 72/2016 on the pension system and other social insurance rights of lawyers and entitles the plaintiff to include said period in the calculation of pension rights.

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