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.
This study examines the problems faced by lawyers in the 47 member States of the Council of Europe, the extent of these problems, the use made of the existing instruments in practice as well as the level of the protection and the manner in which this is currently offered to lawyers. It assesses the possible added-value and effectiveness of a possible future legal instrument in the field, the advantages and disadvantages or risks, according to the nature of such an instrument.
The CDCJ will continue working on these issues as part of its standard-setting activities, taking into account the elements of the study and in accordance with the decisions of the Committee of Ministers.
