The monopoly of lawyers association in attracting lawyers is broken
For several years, the issue of including the Law on the Implementation of General Policies of Article 44 of the Constitution to the Bar Association has been raised by law students. They believe that according to the aforementioned law, the Bar Association cannot establish a monopoly in accepting qualified law students under the pretext of market saturation. However, the Bar Association rejected this claim and stated that the activity of an economic lawyer is not subject to the said law
This is despite the fact that according to the decisions of the general board of the Court of Justice, it is allowed to collect business and professional fees that belong to commercial premises from law offices, and lawyers are required to have an expense and income book and pay taxes to the Tax Affairs Organization annually.
The pursuit of law students continued until in 1996, 200 law students took their complaint to the Competition Council regarding the monopoly of the Bar Association in recruiting lawyers, but the Competition Council refused to deal with it under the pretext of the ambiguity of the law, and the matter needs to be inquired of the parliament. knew
However, the law students did not hesitate to assert their right and took their complaint to the deregulation board and announced that on November 5, 2015, the then head of the Central Bar Association (Dr. Hossein Abadi) in a letter to the then Minister of Economy entitled The head of the deregulation committee, while referring to Article 57 of the Law on Removing Obstacles to Competitive Production, which is actually an amendment to Article 7 of the Law on the Implementation of Article 44 Policies, has requested that the secretariat of this committee, username and password be at the disposal of the Center’s Bar Association. so that the association registers the conditions for issuing a lawyer’s license, which is a freelance job, in the business system, therefore, according to the admission of the association of lawyers, we request the board to consider the issue in the board, and regarding the delay It should be decided that the issue will be placed on the board’s agenda in the future, and against the approval of the deregulation board, which consists of the Minister of Economic Affairs and Finance, the Attorney General of the country, the head of the General Inspection Organization, the head of the National Audit Office, two members of the Islamic Council. He was the head of the Chamber of Commerce, Industries, Mines and Agriculture of Iran, the head of the Central Cooperative Chamber of the Islamic Republic of Iran and the head of the country’s Chamber of Guilds. Lawyers’ associations were given a two-week period to upload the licensing requirements.
But the Bar Association protested the decision of the board and took its complaint to the Administrative Court of Justice, and the Court of Justice sent a copy of the Bar Association’s complaint to the Minister of Economy and asked them to explain the decision.
After receiving a comprehensive and complete response from the Ministry of Economy, the issue of the complaint of the lawyers’ association is placed on the agenda of the specialized board of the Administrative Court of Justice, and the judges of the court, after examining the arguments and documents of the parties, find the complaint of the lawyers’ association not justified and a ruling is issued to reject it.
Now, according to the decision of the Administrative Court of Justice, which is the highest authority for monitoring government approvals and its decisions are binding, the associations of lawyers are obliged to impose the conditions for the issuance of a lawyer’s license and determine the capacity for the lawyer’s exam according to Article 7 of the Implementation Law. The general policies of Article 44 of the Constitution are illegal
It is worth mentioning that 3 official institutions of the country, including the Research Center of the Islamic Council, the Deputy of Laws of the Islamic Council, and the Research Institute of the Guardian Council have announced in separate reports the inclusion of lawyers’ associations in the law on the implementation of general policies of Article 44 of the Constitution and determining The capacity for the profession of lawyer has been considered illegal
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This post is written by Hasankrmn