The Incompatibilities in Exercising the Profession of Lawyer from the ECHR Jurisprudence Perspective

Abstract

This article aims at analyzing specific incompatibilities and prohibitions of the legal profession, in light of domestic regulations in force (mainly the Law no. 51/1995 on the organization and exercising the profession of lawyer, modified and amended and the Status of the legal profession), and in terms of the influence that such a decision finding incompatibility may have in terms of ECHR jurisprudence. ECHR practice is consistent in considering that professional activity cannot be considered independent in relation to private life, actually being an essential component of the latter, so restrictions or limitations to the professional life were qualified by the European Court of Human Rights as violations of art. 8 of the Convention, which has held that "everyone has the right to respect for his private and family life, his home and his correspondence.