Lidiya Izovitova: CCBE monitoring should become a shield for advocacy against political interference

On September 12, in Chisinau, during the International Conference of the Bar Association of the Republic of Moldova, the President of the Ukrainian National Bar Association Lidiya Izovitova proposed strengthening the role of the Council of Bars and Law Societies of Europe (CCBE) in the process of reforming the advocacy in countries moving towards the European Union.

L. Izovitova emphasized that monitoring legislation on advocacy is already part of the CCBE's statutory activities. However, in her opinion, the next step should be to adopt official conclusions based on this monitoring regarding the compliance of a particular country's advocacy model with European standards. Such conclusions should become a mandatory element of the reform process, especially in countries that are candidates for EU membership.

European standards are principles, not templates. In this regard, L. Izovitova emphasized that there is no single model of advocacy in the European Union. Each country has its own system, and all of them are recognized as complying with European standards. Therefore, attempts to reform advocacy under the banner of «European integration» are often manipulative, aimed at limiting self-government.

In the process of approaching the European Union, countries adapt their legislation to European norms. However, as the chairman of the UNBA emphasized, the reform of advocacy should be based not on copying individual models, but on adherence to key principles — independence and self-governance.

L. Izovitova proposed giving the CCBE the authority to assess legislative changes regarding advocacy in countries that are candidates for EU membership. The conclusions of this organization, together with the position of national bar self-government bodies, should become a prerequisite for decision-making by parliaments.

Protection from state control is a common challenge. The example of Moldova, where amendments to the legislation on advocate self-government were adopted in July, demonstrates the real risks of government interference in the independence of the profession. These changes have caused concern not only among Moldovan advocates, but also throughout the European legal community. The Council of Bars and Law Societies of Europe (CCBE), together with national bar associations of EU countries, appealed to President of Moldova Maia Sandu to protect the principles of advocacy self-governance. In response to this appeal, the President exercised her veto power, suspending the law that could have jeopardized the independence of the profession.