Committee of Experts on the Protection of Lawyers (CJ-AV)

The profession of lawyer plays a central role in the administration of justice, the defense of human rights, democracy and the rule of law. Nowadays, lawyers, both individually and institutionally, are increasingly the target of attacks of all kinds which put in difficulty, even in danger, the independent and secure exercise of their profession.

In 2020, the Council of Europe's European Committee on Legal Co-operation (CDCJ) has looked into possible actions to ensure an adequate level of protection to lawyers when exercising their profession. It considered the feasibility of a new European legal instrument, taking into account possible alternatives through which the protection for lawyers could be enhanced, considering the existing international instruments, notably the Committee of Ministers Recommendation R(2000)21 on the freedom of exercise of the profession of lawyer and the European Convention on Human Rights, as well as the case-law of the European Court of Human Rights.

On the basis of this study, the Committee of Ministers established as of January 2022 a Committee of experts on the protection of lawyers (CJ-AV). The CJ-AV consists of 15 representatives of member States, as well as participants and observers as set out in the adopted Terms of reference. The Committee is tasked with the elaboration of a legal instrument aimed at strengthening the protection of the profession of lawyer and the right to practice the profession without prejudice or restraint, under the authority of the Committee of Ministers and of the European Committee on Legal Co-operation (CDCJ).

The CJ-AV meets 3 times a year, in closed session. Access to information about specific meetings and documents of the CJ-AV is available below, or depending on their classification, can be consulted in line with Resolution Res(2001)6 on access to Council of Europe documents.

Reference documents

Terms of Reference 2024

Terms of Reference 2022-2023

CJ-AV members

Resolution CM/Res(2021)3 on intergovernmental committees and subordinate bodies, their terms of reference and working methods

Agenda (access to restricted documents restricted to authorised persons)

Meeting report

List of participants

News

Back European Lawyers’ Day 2021: CDCJ Vice-Chair joins lawyers to discuss a new European legal instrument on the profession

Christophe Poirel, Director of Human Rights of the Council of Europe, and Christoph Henrichs, Vice-Chair of the European Committee on Legal Co-operation (CDCJ), engage with lawyers by taking part on 25 October in the virtual round table organised by the CCBE on the occasion of the European Lawyers’ Day 2021, dedicated to the theme "No justice without independent lawyers".

The Council of Europe attaches a particular importance to the fundamental role lawyers and lawyers' professional associations play in ensuring the protection of human rights and fundamental freedoms and the need to promote the freedom of exercise of the profession in order to strengthen the Rule of Law in which lawyers participate. The conclusions of the recently published feasibility study carried out by the CDCJ are unequivocal on the real need to adopt a new European legal instrument, binding or non-binding, on the profession of lawyer and on the added value of such an instrument.

This new instrument should, according to Christoph Henrichs, "set out the standards in a manner that is both more precise and more comprehensive. This, binding or non-binding, legal instrument would be a step forward for both lawyers and their clients provided that the level of law and protection is higher than the existing one and that Member States agree to its application".

During his speech, Christophe Poirel recalled that "the freedom of exercise of the profession of lawyer is indispensable for the full implementation of the fundamental right to a fair trial as guaranteed by Article 6 of the European Convention on Human Rights. It is undeniable that the adoption of a future legal instrument in this field, allowing for a better protection of lawyers in the exercise of their profession, would contribute to the strengthening of democracy, the rule of law and human rights which are the very essence of the Council of Europe".

22 October 2021