May 13 is a starting point for Ukraine in protecting the legal profession, - V. Gvozdiy
The ceremonial signing of the European Convention on the Protection of the Profession of Lawyer will take place on May 13 in Luxembourg. This will be the starting point. And Ukraine must take all the necessary preparatory steps to become one of the signatories.
This opinion was expressed by Valentyn Gvozdiy, the Vice President of the Ukrainian National Bar Association and the Bar Council of Ukraine, speaking about the first international act of the Committee of Ministers of the Council of Europe, which for the first time enshrined guarantees of independence of lawyers and protection against pressure.
«In order for the convention to enter into force, the signatures of eight countries are required, six of which must be members of the Council of Europe. According to my information, as of today there are more than six member states of the Council of Europe that are definitely planning to sign this convention», - he said.
The Vice President of UNBA, BCU also said that the solemn signing is scheduled for May 13. It will take place in Luxembourg. «This will be the starting point and I believe that Ukraine should take all necessary preparatory actions to become one of the signatories to this Convention», - said V. Gvozdiy.
In his opinion, this is an extremely important move. «For us, as a country that is moving towards membership in the European Union, such an action will demonstrate our commitment to the rule of law, - said the Vice President of UNBA, BCU. - Although this will not directly affect the entry into force of the Convention, it will add points to us, as a country that claims to be part of the European family, to share all the values of the European Union, among which the rule of law is undoubtedly the key one».
V. Gvozdiy noted that Ukraine as a state is ready to support the international document. «We have already seen at least two extremely powerful signals, - he explained. - When the Convention was voted on in the Parliamentary Assembly of the Council of Europe, our delegation supported it and voted in favor. Also, when the final vote took place at the highest governing body of the Council of Europe, the Committee of Ministers, Ukraine also supported the Convention. In my opinion, the next steps to sign and ratify it will be logical».
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 a Committee of Experts on the Protection of Advocates (CJ-AV), which included 15 experts from all over Europe, including Ukraine. V. Gvozdiy, who was also elected Vice President of the CJ-AV, was directly involved in the drafting of the Convention.
The Ukrainian translation of the Convention on the Protection of the Legal Profession is available here.
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