BWBV0007100
Artikel 8
Verdrag van de Raad van Europa tot bescherming van het advocatenberoep
1. Parties shall ensure that the grounds for disciplinary action against lawyers are based exclusively on professional standards of conduct which are prescribed by law and are themselves consistent with the rights and freedoms in the Convention for the Protection of Human Rights and Fundamental Freedoms.
2. Parties shall ensure that disciplinary proceedings against lawyers are:
a) brought before: (i) an independent and impartial disciplinary committee established by a professional association,
(ii) an independent and impartial authority, or
(iii) an independent and impartial court or tribunal established by law;
(i) an independent and impartial disciplinary committee established by a professional association,
(ii) an independent and impartial authority, or
(iii) an independent and impartial court or tribunal established by law;
b) processed expeditiously;
c) conducted consistently with the requirements for a fair trial under Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms and with the right to be advised, assisted or represented by a lawyer of their choice; and
d) subject to challenge by the lawyer concerned before an independent and impartial court or tribunal established by law.
3. Parties shall ensure that any disciplinary sanctions imposed on lawyers respect the principles of legality, non-discrimination and proportionality. Any prohibition on the right to practise should only be imposed for the most serious breaches of professional standards.
2. Parties shall ensure that disciplinary proceedings against lawyers are:
a) brought before: (i) an independent and impartial disciplinary committee established by a professional association,
(ii) an independent and impartial authority, or
(iii) an independent and impartial court or tribunal established by law;
(i) an independent and impartial disciplinary committee established by a professional association,
(ii) an independent and impartial authority, or
(iii) an independent and impartial court or tribunal established by law;
b) processed expeditiously;
c) conducted consistently with the requirements for a fair trial under Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms and with the right to be advised, assisted or represented by a lawyer of their choice; and
d) subject to challenge by the lawyer concerned before an independent and impartial court or tribunal established by law.
3. Parties shall ensure that any disciplinary sanctions imposed on lawyers respect the principles of legality, non-discrimination and proportionality. Any prohibition on the right to practise should only be imposed for the most serious breaches of professional standards.
- Citeren als
- Art. 8
- Status
- Geldend recht
- Identificatie
- BWBV0007100
- Officiële bron
- wetten.overheid.nl