Bar Council
Explanation
The Bar Council (le conseil de l'ordre) in Beirut consists of twelve members, and in Tripoli of six members, and the President of the Bar (le bâtonnier) is among them. Former Presidents of the Bar are considered permanent members of the Council by law, but they do not have the right to vote.
The term of office of the President of the Bar (la durée du mandat) is limited to two years only. The law does not allow this term to be renewed directly, rather two full years must elapse after the end of his previous term before he can run again.
The Council organizes the method of electing the President of the Bar and the members. After the elections, the President of the Bar calls the Council to meet within three days. In this meeting, the Secretary, the Treasurer, and the Commissioner of the Palace of Justice are elected by secret ballot (au scrutin secret).
The Council undertakes the scrutiny of candidacy applications to verify that they meet the legal conditions. The decision of acceptance or rejection must be issued before the tenth of October, otherwise the application is considered implicitly accepted (acceptation tacite). The decision is notified to the candidate by a registered letter (lettre recommandée) and a copy of it is published on the door of the Bar Association center.
Regarding the extraordinary general assembly (l'assemblée générale extraordinaire), its role is limited to discussing the matters exclusively specified in the request for the invitation or in the decision of the Bar Council, and it may not consider any other topics.
Official legal articles
Think deeper
Why do you think the legislator set the date of the tenth of October as a maximum limit to decide on candidacy applications, and what is the purpose of considering the application accepted by law when no decision is issued by the Bar Council?
Flashcards
How many members are in the Bar Council in Beirut and in Tripoli?
The Beirut Council consists of 12 members, and the Tripoli Council of 6 members, including the President of the Bar in both.
What is the status of former Presidents of the Bar in the Bar Council?
They are permanent members of the Bar Council by law, however they do not participate in voting.
When does the Bar Council meet after the elections and what does it elect?
It meets within a period of 3 days upon the invitation of the President of the Bar, and elects by secret ballot the Secretary, the Treasurer, and the Commissioner of the Palace of Justice.
What is the term of office of the President of the Bar and may it be renewed immediately?
His term of office is two years, and it may not be renewed except after the passage of two years from the end of his term.
What happens if the Bar Council does not issue a decision regarding a candidacy application before October 10?
The candidacy application is considered accepted by law.
How is the decision of accepting or rejecting the candidacy notified to the candidate?
He is notified by a registered letter immediately upon its issuance, and a copy of it is published on the door of the Bar Association center.
Practice questions
What are the topics that the extraordinary general assembly has the right to consider?
The extraordinary general assembly considers the matters specified in the invitation request or the Council's decision and nothing else (Article 41).
Who has the right to vote among the members of the Bar Council?
Former Presidents of the Bar are permanent members by law, however they do not participate in voting (Article 42).
How are the Secretary, the Treasurer, and the Commissioner of the Palace of Justice chosen?
The Bar Council elects these members by secret ballot in its first meeting after the elections (Article 43).
A lawyer was elected President of the Bar and his term ended after two years. When does he have the right to run for a new term as President of the Bar?
The term of the President of the Bar cannot be renewed except after two years from the end of his term (Article 44).
A lawyer submitted a candidacy application, and we reached the date of October 12 and the Bar Council did not issue any decision regarding it. What is the legal status of the application?
The candidacy is considered accepted by law if a decision to accept or reject it is not issued before the tenth of October (Article 48).
Case problems
The term of the President of the Bar Association in Beirut ended, and he wanted to run for a second term immediately given the lawyers' support for him. At the same time, another lawyer submitted a candidacy application for membership in the Council, and the Council did not issue a decision regarding his application until October 15. Does the President of the Bar have the right to run immediately? And what is the fate of the other lawyer's candidacy application?
Model answer
The President of the Bar does not have the right to run for a second term immediately.
The term of the President of the Bar is two years and it may not be renewed except after two years from the end of his term (Article 44).
As for the other lawyer's candidacy application, it is considered accepted.
The Bar Council must issue its decision accepting or rejecting the candidacy before the tenth of October, otherwise it is considered accepted (Article 48).
Self-grading rubric
After conducting the Bar Council elections, the new President of the Bar invited the Council to meet after five days to elect the Secretary and the Treasurer. During the meeting, one of the former Presidents of the Bar demanded to vote on these positions. Are the procedures of the President of the Bar correct in terms of the time limit? And does the former President of the Bar have the right to vote?
Model answer
The procedures of the President of the Bar are incorrect in terms of the time limit.
The Bar Council meets upon the invitation of the President of the Bar within a period of three days from the date of every election, not five days (Article 43).
Also, the former President of the Bar does not have the right to vote.
Former Presidents of the Bar are permanent members of the Bar Council by law, however they do not participate in voting (Article 42).