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The CCBE has supported the project of a Convention on the protection of the profession of lawyer in the Council of Europe. What are the objectives of this Convention?

The Convention seeks to strengthen the protection of lawyers and their right to practise freely and independently in order to make sure that everyone’s rights are protected.

Lawyers play indeed an essential role amongst professions as actors in the system of justice and so by their contribution to protecting the rule of law, ensuring access to justice for fellow citizens, and protecting fundamental rights and freedoms. For the same reason, the legal profession can come under considerable pressure from the executive and legislative powers, as well as non-State actors.

Can you give an example?

In many situations, lawyers are being targeted either because they are being identified with their client, or because of their active and vocal role in defending human rights or clients in sensitive cases according to the situation in a given country. In addition, attacks against lawyers are not only targeted at individual lawyers, but sometimes also targeted at hindering the independence of the legal profession as a whole through policy and regulatory developments where state authorities try to encroach on their independence or on other core principles of the legal profession such as the lawyer-client confidentiality principle. In a society governed by the rule of law, everyone’s rights need to be protected, and lawyers must be able to freely and independently protect those rights.

Therefore, in 2015, we asked ourselves a pivotal question: How do we safeguard those who safeguard justice? The answer was clear: we needed a European Convention on the protection of the profession of lawyer; a binding legal instrument to ensure that lawyers can practice without fear, without prejudice, and without improper restraint.

The need for this Convention is now further underscored by recent examples across Europe involving lawyers, showing that lawyers in fields such as immigration, criminal defence, human rights, and other fields of law have been repeatedly targeted — receiving threats, enduring physical attacks, and facing pressure from public rhetoric that often undermines their role in upholding the rule of law. In this context, the CCBE recently published a report on threatening behaviour and aggression towards lawyers in the course of their work. The findings of this report provide important insights into the experiences of lawyers across Europe concerning aggression, harassment, and threatening behaviour.

What are the contents of this Convention?

To achieve the most effective protection, the Convention will set comprehensive minimum standards to safeguard not only the rights and protection of individual lawyers but also those of Bars and Law Societies (professional associations). This is crucial for maintaining the rule of law, securing access to justice, and upholding everyone’s fundamental rights and freedoms.

More particularly, the Convention will guarantee the independence and self-governance of professional associations as well as their role in promoting and representing the interests and well-being of lawyers, defending their independence and societal role, establishing and upholding professional standards of conduct and facilitating access to the profession and ongoing education.

The Convention will also make sure that professional associations are duly consulted in relation to regulatory and legislative changes pertaining to the exercise and regulation of the profession.

In addition to this, the Convention will ensure that admission to the profession and disciplinary procedures and decisions remains objective and fair.

It also will ensure that lawyers can provide, without improper interference, legal advice and representation, access clients promptly (even in detention), obtain necessary case materials from authorities, communicate with courts, submit motions, actively participate in proceedings, and inform the public about their services.

It will also ensure that lawyers are protected from civil or criminal liability for any oral or written statements made in good faith and with due diligence while representing their clients in legal proceedings.

Most importantly, the Convention will guarantee the right and duty of lawyers to both communicate confidentially with their clients and prospective clients and not to disclose confidential information. This protection is crucial for the rule of law and the protection of clients’ rights. This protection will therefore also extend to any person (“non-lawyer”) working with a lawyer when directly involved in supporting the professional activities of lawyers, as to those employed and engaged by professional associations.

Moreover, the Convention will guarantee that lawyers are not identified with their clients or their client’s cause.

What additional protections does the Convention provide for lawyers facing external pressure or threats?

The Convention will reinforce lawyers’ and professional associations freedom of expression. Furthermore, the Convention will also provide a series of protective measures in situations where lawyers are deprived of their liberty or where they are the subject of a search and seizure. These protective measures will also make sure that lawyers are able to carry out their professional activities without being the target of any form of physical attack, threat, harassment or intimidation, or any improper hindrance or interference.

This Convention will be binding, providing therefore a strong legal basis to act in situations where lawyers are being targeted in relation to their professional activities defending and protecting fellow citizens. And, to ensure its effectiveness, the Convention will also establish a monitoring mechanism that will oversee its implementation by Member States. It will also open the possibility for non-Member States of the Council of Europe to join, extending its protective reach beyond Europe.

So far, the Convention is nothing more than a written paper. What needs to happen next?

Following the adoption of the Convention in November by the Council of Europe’s Steering Committee on Legal Cooperation (CDCJ), the text has now been submitted for opinion to the Plenary Assembly of the Council of Europe (PACE). Once this opinion has been delivered, the Committee of Ministers will have to adopt the Convention before it can be signed and ratified by States. The adoption of the Convention by the Committee of Ministers is currently foreseen to take place on 14 May 2025.

The role of all the European Bars, including the Austrian Bar, has been crucial in the drafting process and it remains so in convincing Member States to support this Convention and ensure its adoption by the Committee Ministers in May 2025. Their role is also essential in making this Convention known to lawyers all across Europe.

The AI Act is a pioneering project. What is the CCBE’s position regarding its implementation?

The implementation of the AI Act presents a significant challenge for policymakers and stakeholders directly affected by its provisions. For the CCBE, Article 6 stands out as a critical component, as it defines the risk classification of AI systems used in justice and law enforcement contexts, which are detailed in Annex III of the Act. Currently, the EU AI Office is actively developing guidelines for this article's application.

The CCBE is proactively engaging with this process by examining various AI system use cases within the justice system and identifying potential risks. Their analysis, informed by available literature on the AI Act, reveals that the risk classification of an AI system fundamentally depends on its level of automation in decision-making and the extent of human involvement.

However, the practical interpretation of human involvement and AI tool assistance remains uncertain. Existing case law related to Article 22 of the GDPR, which prohibits decisions based solely on automated data processing, provides some initial insights into what constitutes a "decision" and defines meaningful human involvement.

The CCBE emphasises that the AI Act's implementation must prevent scenarios where citizens are subjected to decisions lacking substantial explanation. They are particularly concerned that increased automation could significantly heighten this risk. Most critically, they argue that judicial decision-making power should not be partially or fully delegated to AI systems, preserving the fundamental human element in legal judgments.

In bringing together the various interests of the European Bars and Law Societies, how do you see your personal role as President of the CCBE?

As President of the CCBE, my role is first and foremost to serve as a representative of the organisation, ensuring that the collective voice of CCBE member Bars and Law Societies is articulated effectively and consistently at the European and international levels. The CCBE is a representative body that exists to advocate for the legal profession, defend the rule of law, and promote access to justice across Europe. My responsibility is to uphold and strengthen this mission.

To achieve this, I see my role as creating and fostering an environment that enables open and productive dialogue within the CCBE. It is vital to ensure that delegations from our member Bars and Law Societies can freely exchange ideas, deliberate on important issues, and ultimately reach consensus on CCBE policies. I am committed to facilitating these discussions and ensuring that all perspectives are part of our collective discussions and decisions.

How can this be achieved?

I also wish to mention that I see collaboration with the CCBE Vice-Presidents as another essential aspect of my role. Together, we form a cohesive leadership team that works to ensure the smooth functioning of the organisation, the implementation of its decisions, and its strategic alignment with the evolving needs of the legal profession.

Furthermore, my role and the role of the CCBE Secretariat in Brussels, involves liaising with a wide range of stakeholders, including European institutions, policymakers, and international organisations. In these interactions, I represent the CCBE’s unified position which is shaped by the collective input of our members. I also work to reinforce the values that underpin the legal profession: independence, professionalism, and the protection of fundamental rights.

Ultimately, my role as President is about ensuring that the CCBE remains a strong and united representative body that advances the interests of its members and upholds the principles of justice and the rule of law. By fostering collaboration within the organisation and effectively representing its voice externally, I aim to strengthen the CCBE’s impact and relevance in addressing the challenges and opportunities facing the legal profession today.

Der Conseil des Barreaux européens (CCBE – Rat der europäischen Anwaltschaften) wurde 1960 mit Sitz in Brüssel gegründet. Er ist die Verbindung der nationalen Anwaltschaften der 27 EU-Staaten, 3 EWR-Länder und der Schweiz, weitere Staaten sind assoziiert. Weitere Informationen: ccbe.eu