In 2020, the Council of Europe's European Committee on Legal Co-operation (CDCJ) adopted a feasibility study on a new European legal instrument which looked into how the protection of the profession of lawyer could be strengthened and, in doing so, examined existing international instruments, particularly 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.

Based on this study, the Committee of Ministers established in 2022 the Committee of Experts on the Protection of Lawyers (CJ-AV) under the responsibility of the CDCJ. The CJ-AV consisted of 15 representatives of member states, participants and observers, including INGOs promoting and protecting the rights and interests of lawyers. In the course of its work, the CJ-AV came to the conclusion that in order to strengthen effectively the protection of lawyers, a legally binding instrument was needed, an approach later validated by the CDCJ and the Committee of Ministers.

The CJ-AV held nine meetings from 2022 to 2024 during which it prepared a draft convention for the protection of the profession of lawyer and its explanatory report. At its 103rd plenary meeting (19-21 November 2024), the CDCJ approved the draft convention as prepared by the CJ-AV. The CDCJ transmitted it to the Committee of Ministers for adoption, and adopted its explanatory report. The Council of Europe Convention for the Protection of the Profession of Lawyer, known as the Luxembourg Convention, was adopted by the Committee of Ministers on 12 March 2025. It is the first international legally binding treaty dedicated to the protection of the profession of lawyer and is opened to states beyond member states of the Council of Europe.

CJ-AV meetings

Back Protection of lawyers: Feasibility study on a new European legal instrument

Profession of Lawyer
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The European Committee on Legal Co-operation (CDCJ) of the Council of Europe publishes today its feasibility study on a new binding or non-binding, European legal instrument to protect the profession of lawyer.

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. 

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April 2021
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