نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
The independence of lawyers' associations has always been accepted as one of the arms of the realization of justice in different countries, but in line with the cooperation and participation of this institution with other judicial institutions, including courts, the issue of monitoring it and establishing alignment with other institutions, in order to achieve justice, it is a significant point that should not be overlooked. In this regard, the present study, taking into account the mentioned prerequisites and using the experience of a leading country in this field, investigates how the federal government relates to the Austrian Bar Association and how it regulates and interferes in the affairs of this institution, in a way that the results can be used in a useful way in the domestic legal field as well. Therefore, the present research, using the reports provided by the Council of Bars and Law Societies of Europe (CCBE) and International Bar Association (IBA) organizations and the various laws of the country of Austria, with a descriptive-analytical method and based on a qualitative-library method, to analyze the relationship between the independence of the Austrian Bar Association and the permissible limits of government intervention and regulation , deals with "the structure of the lawyers' association", "how to enter the legal profession" and "components related to the legal profession". The findings show that the government, in a general sense, in various legislative, executive and supervisory forms, generally using the "authoritative legislation" method, with the supervision and intervention of the "Ministry of Justice" and the "Supreme Court" on many of the aforementioned fields. Whether at the beginning of the process of "establishment of the association" and "admission of lawyers to the association" or in the monitoring and implementation of the next stages of activity, i.e., "supervision of financial, educational and police affairs", it has a significant and clear place that this issue can be considered by the regulators in Iran's legal system to use the capacities of cohesive data providing system and principles of transparency of financial and non-financial performance of these Bars to improve the enjoyment of judicial services.
کلیدواژهها English
