Germany signs Council of Europe Convention for the Protection of the Profession of Lawyer

Germany has become the 26th country to sign the Convention for the Protection of the Profession of Lawyer. On January 26, Federal Minister of Justice Dr. Stefanie Hubig signed the international document on behalf of her country in Strasbourg.

This was reported by the German Federal Bar Association (Bundesrechtsanwaltskammer, BRAK).

«A good day for the rule of law! Germany's long-awaited signature is a clear confirmation of the role of advocacy in ensuring the rule of law, - commented BRAK President Dr. Ulrich Wessels, who attended the ceremony. - Advocates ensure access to justice for everyone, and now this has finally been given binding international legal guarantees. In view of today's events, including international ones, this is an extremely necessary step».

The Convention establishes uniform approaches to guarantees for the independent practice of the legal profession and provides for a mechanism to monitor the implementation of its provisions. It should be recalled that the need to prepare the Convention was prompted by the growing number of reports of attacks on advocates, including in the form of harassment, threats, physical attacks, or interference in the exercise of their professional duties.

In 2022, the European Committee on Legal Cooperation established a Committee of Experts on the Protection of Advocates (CJ-AV), which included 15 experts from across Europe, including Ukraine. One of the drafters of the Convention was the Vice President of the UNBA, BCU Valentin Gvozdiy, who was also elected Vice-President of CJ-AV.

The Convention on the protection of the profession of advocate was adopted by the Council of Europe at its meeting on March 12, 2025, and on May 13, it was opened for signature.

As of today, the international treaty has been signed (in chronological order) by Luxembourg, Andorra, Estonia, France, Greece, Ireland, Italy, Lithuania, the Netherlands, North Macedonia, Norway, Poland, Sweden, Belgium, Iceland, the Republic of Moldova, the United Kingdom, Bulgaria, Croatia, Romania, Latvia, the Czech Republic, Cyprus, Finland, Portugal and Germany.

In Ukraine, unfortunately, the formal procedure for signing the Convention is effectively being held up by state authorities. There do not appear to be any formal objections, but neither are there any real steps towards accession.

The Ministry of Justice recognises the importance of the international treaty, but insists on the need to assess what changes will have to be made to national legislation. According to Deputy Minister Lyudmila Sugak (who is currently acting as head of the ministry), the preparation of a draft law on ratification must be accompanied by the development of amendments to relevant acts, and these processes must proceed in parallel. In this regard, she refers to the Roadmap on the rule of law, approved by Cabinet of Ministers Resolution No. 475-r of May 14, 2025, which contains a number of measures to improve the advocacy profession.

The Ministry of Foreign Affairs believes that it cannot resolve this issue on its own, as the Prime Minister has instructed the Ministry of Justice to work on it and submit proposals to the government. In addition, officials have doubts about the translation of the Convention, although the Ukrainian National Bar Association published the document in Ukrainian the day after its adoption.