WILLEMSTAD - In a letter to the Parliament of Curacao, the Curacao Bar Association has raised serious objections to the proposed accreditation for lawyers in the new draft Landsverordening on games of chance, known as the 'LOK,' submitted to the Parliament on December 18. 

The Bar Association fears that this accreditation undermines the independence of lawyers and is in violation of existing legislation. 

The LOK states that the Curacao Gaming Authority (CGA) can grant accreditations to legal service providers, including lawyers, who provide services to licensees of online games of chance. The Bar Association is concerned that this obliges lawyers to undergo an accreditation process that goes against their professional independence. 

Not Authorized 

In their objection, the Bar Association emphasizes that lawyers are natural persons and not legal entities, making the text of the LOK incorrect. Furthermore, according to the Bar Association, the CGA should not be authorized to assess lawyers' competence or subject them to restrictions and regulations. 

The Bar Association also points out that the proposed accreditation may be in violation of Article 6 of the European Convention on Human Rights, which guarantees the right to freely choose a lawyer and ensures a fair trial. 

They fear that accreditation could harm the interests of online gaming licensees, as their lawyers may face restrictions that do not apply to lawyers on the opposing side. 

Additionally, the Bar Association emphasizes that, according to the Advocatenlandsverordening 1959, the authority to assess lawyers and impose disciplinary measures lies exclusively with the Joint Court of Justice and the Council of Oversight of the Legal Profession. 

The Bar Association urges Members of Parliament to amend the text of the LOK and remove or modify the provision on accreditation for lawyers to ensure the independence of lawyers and the position of legal seekers.