June 2011 – The CCBE sends letter to the Speaker of Sejm of the Republic of Poland regarding the draft Act on State Legal Examination

On 21 June 2011, the CCBE sent a letter to Mr. Grzegorz Schetyna, the Speaker of Sejm of the Republic of Poland, expressing its concerns about the introduction of a new type of legal profession ‘’legal counsels’’ who would be able – after graduating from a law faculty – to provide legal advice and act before public authorities and Courts of 1st Instance in certain cases on behalf of their clients. The CCBE is seriously concerned about the repercussions on the administration of justice and society in general, since this new legal profession would not be subject to any professional training and it could carry out its activities without having to comply with any ethical code or disciplinary regime.

At the beginning of 2007, the judicial system of Poland, including the lawyers’ profession , was exposed to certain political influences threatening, inter alia, the independence of lawyers and judges as well as access to justice. The CCBE together with the IBA responded to these challenges on several occasions:

• CCBE roundtable held in Poland on 6 September 2007 entitled “Defending the Rule of Law in Poland”.
• A week-long visit of a joint CCBE/IBA delegation of prominent jurists in Poland, 3-7 September 2007, resulting in the release in November 2007 of a report entitled “Justice under Siege: A report on the Rule of Law in Poland”. 
• A visit to Poland by a CCBE and IBA expert on 10-13 June 2008 as a follow-up to the recommendations contained in the November 2007 report. That visit led to the release on 9 September 2008 of a “Follow-up report to Justice under Siege: A report on the Rule of Law in Poland”.

As a result of the parliamentary elections held on 21 October 2007, a new government was formed that announced its readiness to consult the legal profession on all matters concerning the self-government of lawyers and other issues of special interest to them. Despite the positive shift in policy, there are still issues awaiting resolution:

• Regulating entry into the lawyer’s profession in a way which broadens access to justice and maintains the quality of legal services.
• Deciding whether to merge the two legal professions (legal advisors and attorneys) or to keep them separate.
• Proceeding with reforms to the structure of the legal aid system, with a view to broadening access to justice.
• Finding a definitive answer, either by way of a legislative amendment or a unifying judicial interpretation, to the different contradictory interpretations of the VAT law, under which pro bono work can be viewed as either taxable or exempt. 
• The Polish Constitutional Tribunal is expected to issue a decision on the constitutional challenge lodged by the Polish Ombudsman concerning mandatory membership to professional self-governing organisations, including bars.

Polish Legal Associations

National Council of Legal Advisors - Krajowa Rada Radców Prawnych

The Polish Bar Council - Naczelna Rada Adwokacka

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October 2011 – The CCBE sends additional letter of concerns to the Prime Minister of Slovenia

On 27 October 2011, the CCBE sent additional letter to Mr. Borut Pahor, the Prime Minister of Slovenia, expressing its concerns about the introduction of fiscal cash registers for lawyers and amendments to the Act on the Prevention of Money Laundering and Financing of Terrorism, which put in danger respect for core values of the lawyers’ profession, in particular professional confidentiality.

June 2011 – The CCBE sends a letter to the Prime Minister of Slovenia regarding the fiscal cash registers

On 6 June 2011, the CCBE sent a letter to Mr. Borut Pahor, the Prime Minister of Slovenia, expressing its concerns about the introduction of fiscal cash registers for lawyers.