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 Ensuring effective protection of the profession of lawyer: call for a legally-binding instrument

Profession of Lawyer

PACE’s Standing Committee today expressed its concern at the numerous cases of violations of lawyers’ rights, including attacks on their safety and independence, in recent years. Lawyers continue to be targeted for their involvement in human rights-related cases, or for their work denouncing government unaccountability or corruption, the Standing Committee stated.

While encouraging governments to fully implement the provisions laid out in Recommendation No. R(2000)21 of the Committee of Ministers, the parliamentarians urged Council of Europe member States to ensure effective protection of the profession of lawyer, including by “prohibiting state interference in the legal profession and clearly identifying the specific activities that amount to prohibited interference”.

The adopted resolution, based on the report prepared by Aleksander Bashkin (Russian Federation, NR) calls for domestic legislative frameworks that guarantee “efficiency, independence and safety of lawyers’ work”, in particular by ensuring that national legislation and law enforcement practice improve the conditions and guarantees of lawyers’ work.

In an accompanying recommendation, the parliamentarians reiterated their calls on the Committee of Ministers, previously made in PACE Recommendation 2121 (2018), to proceed with the drafting and adoption of a legally-binding instrument as a priority, and to establish a platform for the protection of advocates from any interference with the exercise of their professional activities.