Report No. 3203/2012 of the CFR on fundamental rights training

Press release:

Report No. 3203/2012 of the CFR on fundamental rights training

In the course of its inquiry No.CFR-3203/2012, the Commissioner for Fundamental Rights emphasized the need for a special fundamental and human rights basic training for trainee lawyers (and possibly even for lawyers), since he considering it as essential that lawyers should have adequate professional qualifications and that the possibility of their continuous training should be ensured and controlled.

The introduction of compulsory legal representation in constitutional complaint proceedings, which are of particular importance for the protection of individual fundamental rights, has also raised the question of fundamental rights training.   

In different procedures lawyers perform different functions, therefore their professional participation in these procedures, also in accordance with their lawyer's oath, requires the knowledge of several special legal rules and regulations in different branches of law but it also assumes that lawyers are familiar with fundamental rights.

For the moment there is no training which would approach and summarise the different special procedures from a fundamental rights point of view.

In fact there are many legal situations, in which compliance with and enforcement of fundamental rights is especially significant, since these situations affect groups of citizens with special protection (minor children, other persons lacking the capacity to act, physically or mentally disabled persons) or the rights of these groups (e.g. property right). Thus, it is essential that lawyers participating in such legal procedures have adequate knowledge of fundamental rights.

                The Commissioner took the view that in the interest of the enforcement of the fundamental rights of citizens it is necessary to adopt a new regulation prescribing fundamental rights training as a requirement for lawyers acting e.g. as administrators under the authority of letters of administration in civil or administrative proceedings (or acting as a public defenders in criminal proceedings).

                Consequently, the Commissioner asked the minister of public administration and justice to adopt regulations having regard to these considerations in the course of the ongoing reform of the system of lawyers' professional examination.