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

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

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.

Links

 Full report

 Adopted resolution

 Adopted recommendation

 Video on the debate

 Mediabox interview with the rapporteur

See also CDCJ webpage on Profession of Lawyer

Standing Committee 23 October 2020
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