JOINT CONFERENCE BY EUROPEAN BARS FEDERATION (FBE) AND THE COUNCİL OF BARS AND LAW SOCIETIES OF EUROPE (CCBE) IN LISBON
An International Conference on “Self-Regulation and Quality in the Legal Profession” was jointly organized by the European Bars Federation (FBE) and the Council of Bars and Law Societies of Europe in Lisbon on October 25, 2019. The event was hosted by Portuguese Bar Association (Ordem dos Advogados Portugueses).
Being one of the founding members of FBE, Istanbul Bar Association was represented by the President of Istanbul Bar Association Atty. Mehmet Durakoğlu and Board Member of Istanbul Bar Association Atty. Dr. Ayça Özok Ener during the events. Foreign Relations Coordinator of Istanbul Bar Association Ece Basmacı Karalar was also in attendance during the conference.
Self-regulation in legal profession, professional ethics and code of conduct, quality and proportionality in legal profession were discussed by the legal professionals and academicians in the light of Directive (EU) 2018/958 of the European Parliament and the Council of the European Union during the whole day conference.
Needs and proportionality assessment in the regulations concerning attorneyship profession in Europe, impacts of the Directive on legal profession, duties of the professional organizations in implementing the Directive in national level, challenges encountered in self-regulation, balance between quality in services and professional ethics, public interest objectives in self-regulation, role of bar associations and lawyers in citizens’ access to quality legal services and access to justice as well as their trust in the judiciary, quality management and quality supervision in legal services, role of bar associations and their disciplinary boards in supervising quality, updating professional rules and code of conduct based on pragmatic, rational and humanistic grounds in line with the changing needs of dynamic societies, lawyers’ requirement to use technological developments to enhance quality in legal services, continuous professional training to boost/ensure sustainable quality in legal profession, attorneyship examination as a condition for admission to attorneyship profession, vitality of the independence of bar associations in protection of fundamental rights and freedoms as well as public interest, cooperation and exchange of information among bar associations and lawyers in order to achieve harmonization of legal profession in all member states were among the topics discussed interactively with the contributions of participants during the conference.
Putting an emphasis on the key role of bar associations and lawyers in the proper implementation of the existing legislation and in citizens’ access to justice, it was underlined that justice cannot be established solely with the commitment of the governments and legislations alone are insufficient in this.
In his ad hoc intervention, President Durakoğlu indicated that despite the significant depressions in the judiciary in Turkey, self-regulation of the attorneyship profession has been achieved to a great extent with some limitations in certain fields. “However, a vital problem with regards to attorneyship profession has been carried out of the boundaries of the regulations of the bar associations. In our country, attorneyship is attained by any law graduate provided that they have completed their attorneyship training.” Durakoğlu said. Referring to the struggle of bar associations for an attorneyship examination to be introduced, Durakoğlu said that this has been achieved just recently, but the problem is that it will be implemented in 2024, which would worsen the already-existing quantity problem in legal profession with those to be admitted to attorneyship in the coming 4 years.
President Durakoğlu went on saying “Another issue of complaint from our side is that we face with “intimidations” generating from the political power as we oppose the political power with regards to violations of human rights, the state governed by the rule of law and the rule of law, per se. Though not put into action yet, the amendment plan brought forward by the political power concerning the election procedure of bar associations is aimed at making bar associations dysfunctional”.
Concluding his words with his evaluations of the conference, Durakoğlu indicated that communizing the professions through this Directive may lead to a regression in the lawyers’ authority to intervene, which the lawyers are granted by law, concerning human rights violations. “We are administrators of a bar association. We do not administer lawyers. We will succeed as far as we provide the independence of lawyers. Quality and disciplinary issues should serve the set objectives. We should be making regulations without giving up liberalization” Durakoğlu said.
Within the framework of the CCBE-FBE Joint Conference, Presidents’ Forum was held on October 26, 2019. Given the floor during the forum, which enabled a ground for discussion about the projects, points of interest and particular challanges of the member bar associations, President Durakoğlu asked for the support of member bar associations and FBE Presidency within the scope of their authority in order for Chapters 23 and 24 to be opened within the framework of the EU negotiations as the Turkish government would be obliged to make structural reforms in the judicial field if this would be provided.
Presidents’ Forum was followed by the FBE General Assembly with the participation of member bars in attendance. Chairs of the FBE Commissions informed the participants on their recent work and projects. It was announced that Izmir Bar Association was admitted to FBE as a member. Minutes of the FBE General Assembly in Barcelona was adopted and an introductory presentation was made concerning the next FBE Congress to be held in Paris in May 2020.
The CCBE Standing Committee meeting on October 24 was attended by Atty. Dr. Ayça Özok Ener, Board Member of Istanbul Bar Association, and Atty. Dr. Engin Ünal, Istanbul Bar Association delegate to the Union of Turkish Bar Associations.