Self-government of public repose confidence professions on example of the self-government of solicitors. A constitutional and legal perspective

Abstract

The paper is an attempt to analyze the self-government of professional public repose confidence as an institution of constitutional law. Considering that the Polish Constitution of April 2 1997 contains regulations for both the self-government as well as qualified self-governments, the selfgovernment of professional public repose confidence belongs to the second group. An important element of this analysis is the reference of these regulations to the principles of government of the Third Republic. These are included in both the Polish Constitution as well as in the preamble to the Constitution. Indeed the self-government of professional public repose confidence is contained in the three principles: subsidiarity, proportionality and self-government. The functioning of these selfgovernments is also associated with the principle of self-government (Article 7 of the Constitution) and a democratic state ruled by law and implementing the principles of social justice (Article 2 of the Constitution). In order to properly define the role and functioning of the self-government of professional public repose confidence we should point out the differences between the self-government of professional public repose confidence (Article 17.1 of the Constitution) and other types of professional self-governments (Article 17.2 of the Constitution). On the other hand, to achieve this objective it is necessary to analyze them in conjunction with the provisions of Articles 22, 31 paragraph 3 and Article 65 paragraph 1 of the Constitution. However, in order to analyze the self-government of solicitors which is one of public repose confidence profession, it is necessary to examine the Law on solicitors, as well as the Code of Ethics Counsel. The regulations contained in the abovementioned documents are an extension of the normative content of the Constitution relating to the public repose confidence profession. The result of the analysis above is an attempt to define self-government of public repose confidence profession and in particular to identify the elements necessary for its functioning. Furthermore, the role and activity of the self-government of solicitors will contribute to development of Poland as a democratic state ruled by law that implements the principles of social justice and ensures the freedoms and rights of persons and citizens which are important elements of civil society.