Lithuanian Bar Association opposes bill equating it to public sector

The Lithuanian Bar Association has voiced strong opposition to proposed amendments to the Anti-Corruption Law, arguing that they fundamentally misrepresent professional associations by equating them with public administration entities. The association formally communicated its concerns in writing on May 21 to the Speaker of the Seimas, as well as key parliamentary committees and the Ministry of Justice.

If enacted, these changes would classify professional associations operating in Lithuania, including the Bar Association itself, as subjects performing public administration functions. This reclassification would also affect numerous other organizations, such as the Lithuanian Chamber of Auditors, the Chamber of Notaries, the Bailiffs' Chamber, and the Chamber of Architects, among others.

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The Lithuanian Bar Association categorically opposes the proposed project. Such regulation was not even present during the Soviet era. Such regulation does not exist in democratic countries.

Mindaugas Kukaitis, the President of the Lithuanian Bar Council, emphasized that the proposed status change not only contradicts the concept of the Bar Association as an independent organization but also violates Lithuanian and international legal acts and established practice, thereby undermining democratic structure. "The Lithuanian Bar Association categorically opposes the proposed project. Such regulation was not even present during the Soviet era. Such regulation does not exist in democratic countries," Kukaitis stated.

Kukaitis expressed significant concern that the subsequent regulation stemming from these amendments could pave the way for unjustified government interference in the activities of independent professional self-governance. He asserted that such provisions would contravene Lithuania's Constitution, EU law, and international obligations. The association also highlighted a procedural issue, noting they learned of the bill, which has substantial implications for the governance of the Bar Association and other independent associations, only through the Seimas website, and it had already been discussed in two committees without prior consultation.

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The greatest concern is that the regulation resulting from such amendments to the law creates a basis for unjustified government interference in the activities of independent professional self-governance, which leads to such provisions contradicting the country's Constitution, EU law, and international obligations.