Council of Europe Convention for the Protection of the Profession of Lawyer open for signature
Thirteen member states of the Council of Europe have signed the Convention for the Protection of the Profession of Lawyer, which was adopted by the Committee of Ministers of the Council of Europe on March 12, 2025. Four more countries will do so today. Ukraine is not among them.
The solemn signing of the international document is taking place in Luxembourg on May 13-14 on the occasion of the meeting of the foreign ministers of the participating countries, according to the Council of Europe's official website.
The convention has already been signed by Andorra, Estonia, France, Greece, Ireland, Italy, Lithuania, Luxembourg, the Netherlands, North Macedonia, Norway, Poland, and Sweden.
Belgium, Iceland, the Republic of Moldova, and the United Kingdom are expected to sign it today, May 14.
The text of the document in English can be downloaded at link. An unofficial translation into Ukrainian can be found here.
This is the first international treaty aimed at protecting the legal profession. The decision was a response to the growing number of reports of attacks on lawyers, including in the form of persecution, threats, physical attacks or interference in the exercise of their professional duties (e.g. creating obstacles to access to clients).
Advocates play a key role in ensuring the rule of law and access to justice for all, including in the defense of human rights. Public trust in the justice system therefore depends to a large extent on the role of advocates.
The Convention applies both to advocates themselves and to their professional associations, which play an important role in protecting the rights and interests of advocates.
Under the Convention, states are obliged to guarantee that lawyers can perform their professional duties without being subjected to physical attacks, threats, harassment, intimidation or unlawful interference or intervention. If such acts constitute a criminal offense, the parties must conduct effective investigations.
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 provisions of the Convention will be monitored by an expert group and a committee of the parties.
In 2020, the European Committee on Legal Co-operation (CDCJ) examined possible measures to ensure the protection of advocates. One of these was to be a new legal instrument based on Recommendation No. R (2000) 21 of the Committee of Ministers on the freedom to exercise 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 these developments, a Committee of Experts on the Protection of Advocates (CJ-AV) was established within the CDCJ in 2022, comprising 15 experts from across Europe, including Ukraine. One of the drafters of the convention was Valentin Gvozdiy, the Vice President of the Ukrainian National Bar Association and the Bar Council of Ukraine, who was also elected Vice President of CJ-AV.
Popular news
Guarantees of the practice of law
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova
Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.
Self-government
Efforts to develop advocacy must be brought to fruition — A. Misyats
The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.
Support
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA
On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.
Educational events
Tax residency of Ukrainians abroad: what matters
The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.
War
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience
The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.
Legal defence of military personnel
Payments to military personnel require clear and uniform criteria — UNBA Committee
The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.
Other
The CEC has recognized Andriy Misyats as an elected member of the Ukrainian parliament
The Central Election Commission has adopted a decision recognizing Andriy Misyats as an elected People’s Deputy of Ukraine. He is currently serving as acting chairman of the High Qualification and Disciplinary Commission of the Bar.
Tragic news
Former CCBE President James MacGuill has passed away
The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection