Cum se deosebește un avocat de un profesor de drept (în țările unde hotărârile se motivează în același timp cu pronunțarea)

5 martie 2018
901 citiri

1. Right to a lawyer and rights of lawyers

Just a few initial words to justify the topic of my contribution to the essays in honor of Professor Giuseppe de Vergottini. It is well known that Professor de Vergottini is not only a relevant figure in the academic world of comparative and constitutional law, but also a distinguished practicing lawyer. He has therefore combined the study of law with the practice of what is possibly the most difficult and challenging of the legal professions. Given this circumstance, in these lines I would like not only to acknowledge Professor de Vergottini as a jurist, but also to underscore the relevance of lawyers, and particularly their role as reflected in the case law of the Strasbourg Court. Let me point out that former Court President Sir Nicholas Bratza and present President Mr. Dean Spielmann were practicing lawyers before becoming judges of the Court. But many other colleagues have likewise practiced law, such as the previous Swedish Judge, Elisabeth Fura (currently the Swedish Ombudsman), the judges from Ireland (Ann Power), Bulgaria (Zdravka Kalaydjieva) and Moldova (Valeri Grichko), and the Vice-President of the Court Joseph Casadevall from Andorra, as well as some time ago, among others, Louis Edouard Pettiti, Battonnier de l’ordre des Avocats. (nota de subsol 1: As a professor of constitutional law coming from the world of academia, I have never had the opportunity to practice law and I certainly consider this an aspect that is lacking in my legal career. I first realized this when I was a judge, many years ago, on the Spanish Constitutional Court. During deliberations, a copy of a recent Supreme Court opinion was distributed for our consideration. As I began to read the opinion, a colleague sitting next to me remarked: „Well Luis, it’s obvious that you have never practiced law”. I asked him how he knew and he responded „Because you started reading the judgment on the first page. A lawyer would have started at the end with the Court’s final disposition, to first find out whether he had won the case or not. The other parts are to be read only later„. He gave me a good lesson on the practical side of law.) (s.n. – M.M.-B.)

Luis López Guerra
(Human Rights of Lawyers în Studi in onore di Giuseppe de Vergottini, Partea a VII a, Wolters Kluwer, 2015, la p. 1.887)

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