Public officials’ entry to the list of attorneys-at-law — problematic issues

Abstract

This article concerns problems on the movement of people employed in public administration to the National Bar of Attorneys-at-Law. The legal framework relating to the regulation of the entry into the list of attorneys-at-law of persons performing activities that require legal knowledge in offices of public authorities is not satisfactory. There are discrepancies in the understanding of the notion of “employment”. There are also doubts raised concerning the category of “offices of public authorities”. Moreover, the manner in which the provisions set out the prerequisites for entry on the list of attorneys-at-law of the discussed category of persons does not implement the ideals of legal clarity and precision. This is not in line with the requirements of Article 2 and Article 17.1 of the Constitution. De lege ferenda, persons who have a PhD degree in law and significant, long-term professional experience related to the current application of administrative law in public institutions should be allowed to enter into the list of attorneys-at-law without the need to take the bar exam.