Convention for the Protection of the Profession of Lawyer adopted by the Council of Europe

Advocacy
13:58 Thu 13.03.25 2528 Reviews
Print

The Council of Europe at its 1522nd meeting, held on March 11 and 12, 2025, adopted the Council of Europe Convention for the Protection of the Profession of Lawyer.

The text of the document in English can be downloaded here. An unofficial translation into Ukrainian is available here.

This is the first international treaty aimed at protecting the legal profession, - the Council of Europe's official website commented on the adoption of the convention. The decision was a response to the growing number of reports of attacks on the legal profession, in particular in the form of harassment, threats, physical attacks or interference with the exercise of professional duties (for example, creating obstacles to access to clients).

Lawyers play a key role in ensuring the rule of law and access to justice for all, including in defending human rights. Therefore, public confidence in the justice system depends to a large extent on the role of lawyers.

The Convention applies to both lawyers and their professional associations, which play an important role in protecting the rights and interests of lawyers.

Thus, the parties must ensure that the national legal and regulatory framework guarantees the independence and self-governance of professional associations. The election of their governing bodies should be conducted in accordance with the applicable rules and without external interference.

Professional associations may:

  • promote and represent the interests of advocates and their profession;
  • support and protect the independence of advocates and their role in society
  • develop professional standards of conduct and promote their observance in accordance with this Convention;
  • promote access to the profession, as well as the continuing education and training of lawyers;
  • to cooperate with lawyers, other professional associations, international, intergovernmental and non-governmental organizations in matters of law and the practice of law, in particular in the promotion and protection of the role of lawyers;
  • to promote the welfare of advocates and to provide assistance to them and their families, if necessary.

States should ensure that professional associations are timely and effectively involved in consultations on government proposals for changes to legislation, procedural and administrative rules that directly affect the professional activities of lawyers and the regulation of the profession. Any requirement for membership in a professional association should not prevent lawyers from establishing and participating in other associations to protect their professional interests and activities.

The document also contains provisions on the right to practice law, professional rights, freedom of expression, professional discipline, and provides for special measures to protect lawyers and their associations.

According to the Convention, states are obliged to ensure that lawyers can perform their professional duties without the threat of physical attacks, threats, harassment, intimidation or unlawful obstruction or interference. If such actions may constitute a criminal offense, the Parties shall conduct effective investigations.

The Convention will be opened for signature on May 13 during a meeting of Council of Europe foreign ministers in Luxembourg.

To enter into force, the document must be ratified by at least eight countries, six of which must be members of the Council of Europe. Compliance with the Convention will be monitored by an expert group and a committee of the Parties.

As a reminder, in 2020, the European Committee on Legal Cooperation (CDCJ) explored possible measures to ensure the protection of lawyers. One of them was to be a new legal instrument based on Recommendation R(2000)21 of the Committee of Ministers on the freedom of exercise of the profession of lawyer, the Convention for the Protection of Human Rights and Fundamental Freedoms, and the case law of the European Court of Human Rights. In order to implement the developments, in 2022, the CDCJ established the Committee of Experts on the Protection of Advocates (CJ-AV), which included 15 experts from all over Europe, including Ukraine.

One of the drafters of the convention was Valentyn Gvozdiy, the Vice President of the Ukrainian National Bar Association and the Bar Council of Ukraine, who was also elected Vice President of the CJ-AV.

Popular news

Proceedings against military personnel following AWOL require clear deadlines — UNBA

Legislation

Proceedings against military personnel following AWOL require clear deadlines — UNBA

A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.

19:04 Fri 16.10.26 157
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Legislation

The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.

11:12 Fri 16.10.26 113
Fines for loud exhaust — based on a standardized measurement method — UNBA

Legislation

Fines for loud exhaust — based on a standardized measurement method — UNBA

Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.

13:53 Thu 15.10.26 106
Guarantees for advocacy without protective measures: proposed changes to the codes

Guarantees of the practice of law

Guarantees for advocacy without protective measures: proposed changes to the codes

The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.

19:41 Tue 13.10.26 157
Living abroad doesn't sever your ties with Ukraine: what you should check

Abroad

Living abroad doesn't sever your ties with Ukraine: what you should check

Moving to another country and even long-term residence abroad does not automatically sever an individual’s legal ties to Ukraine. Tax residency, sole proprietorship status, foreign income, enforcement proceedings, and military registration remain relevant even after relocation.

18:13 Tue 13.10.26 108
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision

Legislation

Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision

To prevent the provisions of Article 23 of the Law «On the prosecutor’s office» from being declared unconstitutional again, the proposed amendments contained in the government’s draft law should be clarified.

14:32 Fri 09.10.26 107
How can an advocate defend a client whose data is processed by the Interpol system?

Educational events

How can an advocate defend a client whose data is processed by the Interpol system?

The absence of a last name on the Interpol website does not necessarily mean that no one is looking for that person. How can you find out exactly what information police databases in 196 countries hold about a client, and does the removal of a record mean that the problems are behind you?

16:27 Thu 08.10.26 109
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

Legislation

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.

14:08 Mon 05.10.26 278

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл