Professional standards
The professional code of conduct governed professional law in Germany from 1934 to 1997 . According to their legal nature , they were viewed as a collection of empirical statements that served as a source of knowledge for the conception of class and as an aid for the specification of § 43 BRAO.
With his considerations, Michael Kleine-Cosack prepared the way for the repeal of the professional code. He criticized the fact that the professional guidelines were treated like legal clauses in practice despite the lack of norm quality and thus acquired de facto norm character. On this basis, the Federal Constitutional Court, with the Bastille decisions , denied the professional standards the quality of a legally relevant aid for the specification of § 43 BRAO, because the practice of the lawyer according to Art. 12 (1) GG may only be regulated by law or on the basis of a law. The professional standards did not meet these requirements.
The professional guidelines were then replaced in 1997 by the professional code of conduct for lawyers .
Web links
- The classic: BVerfG - No more professional standards (1987) , Anwaltsblatt Karriere, January 1, 2007.
Individual evidence
- ↑ Hartung / Holl, Legal Professional Code , 1st edition 1997, insert. Rn. 2
- ↑ Hartung / Holl, Legal Professional Code , 1st edition 1997, insert. Rn. 7th
- ↑ Michael Kleine-Cosack, Professional Autonomy and Basic Law , p. 65 ff.
- ↑ Hartung / Holl, Legal Professional Code , 1st edition 1997, insert. Rn. 8th.
- ↑ Hartung / Holl, Legal Professional Code , 1st edition 1997, insert. Rn. 10.
- ↑ Hartung / Holl, Legal Professional Code , 1st edition 1997, insert. Rn. 12.