In a state governed by the rule of law, the action and functioning of the police authorities must be governed by certain principles, including the principle of legality, the principle of proportionality, the prohibition of the abuse of police power, and the respect for and protection of human rights.
The powers of the police authorities and the conduct to be displayed in the performance of their duties are regulated, inter alia, by Decree 141/1991 and Decree 254/2004.
In addition, respect for fundamental rights is one of the basic components of the rule of law. The role played by rights defenders is therefore crucial.
Article 1 of Law No. 4194/2013 establishes that the legal profession and its practitioners are foundational to the rule of law. Decision of the Council of State No. 2128/2013 establishes that lawyers must represent and defend the rights and interests of their clients before the courts and, in general, the state authorities. This task is integral to the rights established by the Constitution, and therefore forms a basic component of the rule of law.
This alleged incident of police violence against a lawyer during the performance of her duties appears to be out of line with the principles and requirements of the rule of law.
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