Commentary on Judgment No. 19726 of 17/07/2024: Irreproachable Conduct and Registration with the Bar Association

Judgment No. 19726 of July 17, 2024, by the Court of Cassation addresses a crucial issue for the legal profession: the requirement of "irreproachable conduct" for registration with the Bar Association, as established by Article 17, paragraph 1, letter h), of Law No. 247 of 2012. This legal principle not only defines the necessary honorability to practice the profession but also raises important questions regarding the assessment of a candidate's past conduct.

Irreproachable Conduct: A Key Concept

According to the Court, the requirement of irreproachable conduct implies an assessment of the applicant's conduct, which must be characterized by a standard of gravity. This means that a mere accusation is not sufficient to deem a candidate unsuitable. In fact, the judgment clarifies that being a defendant is not an impediment in itself, unless there has been a final conviction.

Requirement pursuant to art. 17, paragraph 1, letter h), of Law No. 247 of 2012 - Notion - Assessment of gravity - Necessity - Applicant's status as a defendant - Relevance - Limits - Presumption of innocence - Factual circumstances. The requirement of "irreproachable conduct" - provided for by art. 17, paragraph 1, letter h), of Law No. 247 of 2012 among those necessary for registration with the Bar Association - requires consideration of the applicant's conduct (including that pertaining to private life) based on a standard of necessary gravity, aimed at assessing the individual's suitability, in terms of honorability, to guarantee the reliability and prestige associated with the practice of the legal profession. Consequently, due to the presumption of innocence, the mere status of being a defendant is not - in itself - an impediment, as it is necessary, at a minimum, that the determination of criminal responsibility has resulted in a conviction, even if not final. (In this case, the Supreme Court quashed the judgment of the National Bar Council which had deemed the circumstances of having received a final fine of Euro 2,000.00 for arbitrary exercise of one's rights with violence against property and being subject to two criminal proceedings for receiving stolen goods and driving under the influence of alcohol as obstacles to registration with the trainee lawyers' register, without considering the remoteness in time of the conduct and without verifying whether the applicant's current status as a defendant, for acts dating back approximately nine years, had resulted in the determination of his criminal responsibility through the issuance of a conviction, albeit not final).

Presumption of Innocence and Past Conduct

A fundamental aspect that emerged from the judgment is the need to consider the presumption of innocence. The Court of Cassation reiterated that registration cannot be denied to a candidate solely based on their status as a defendant. It is essential that there is a determination of criminal responsibility, which results in a final conviction. Therefore, the candidate cannot be penalized for past events unless they have been subject to a conviction.

• Assessment of the gravity of conduct
• Consideration of the passage of time
• Presumption of innocence as a fundamental principle

Conclusions

Judgment No. 19726 of 2024 represents an important step in defining the requirement of irreproachable conduct for registration with the Bar Association. It emphasizes the importance of a balanced and legally correct analysis of candidates' conduct, reminding us that mere accusation cannot be sufficient to hinder the possibility of practicing the legal profession. In a context where reputation and honorability are fundamental, it is essential that decisions are based on concrete and verifiable elements, respecting the fundamental rights of the individual.