Opinion 304 (2025)1Provisional version

Opinion on a draft convention for the protection of the profession of lawyer

Parliamentary Assembly1. The Parliamentary Assembly warmly welcomes the finalisation of the draft Council of EuropeConvention for the Protection of the Profession of Lawyer (hereinafter the “draft Convention”) by theCommittee of Experts on the Protection of Lawyers (CJ-AV) and the European Committee on Legal Co-operation (CDCJ).

2. It shares the view of the European Court of Human Rights that the specific situation of lawyers givesthem a crucial position in the administration of justice as intermediaries between individuals, the public and thecourts. They, therefore, play a key role in ensuring that the courts, whose mission is fundamental in ademocratic State based on the rule of law, enjoy public confidence. However, for members of the public tohave confidence in the administration of justice, they must have confidence in the ability of the legalprofession to provide effective representation and necessary legal support and assistance. Lawyers areprotagonists in the justice system, directly involved in its functioning and the defence of a party.

3. The Assembly has consistently considered lawyers as human rights defenders and observed, withincreasing concern, the rising number of cases in which lawyers became targets of attacks solely becausethey exercised their professional duties.

4. The Assembly refers to its extensive work on the protection of lawyers, who play a central role inprotecting human rights, particularly the right to a fair trial, and in implementing the rule of law, includingResolutions 1660 (2009) “Situation of human rights defenders in Council of Europe member States”, 1685(2009) “Allegations of politically motivated abuses of the criminal justice system in Council of Europe memberStates”, 1891 (2012) “The situation of human rights defenders in Council of Europe member States”, 2095(2016) “Strengthening the protection and role of human rights defenders in Council of Europe memberStates”, 2348 (2020) “The principles and guarantees applicable to advocates”, 2513 (2023) “Pegasus andsimilar spyware and secret State surveillance” and their related Recommendations, and in particularRecommendation 2121 (2018) “The case for drafting a European convention on the profession of lawyer”.

5. The Assembly considered, in particular, that the harassment, threats and attacks against lawyersdemonstrated the need to reinforce the legal status of the Committee of Ministers’ RecommendationNo. R(2000)21 to member States on the freedom of exercise of the profession of lawyer by translating itsprovisions into a legally binding instrument with an effective control mechanism. The Assembly thus called onthe Committee of Ministers to draft and adopt a convention on the profession of lawyer based on thestandards set out in Recommendation No. R(2000)21, taking into account the existing soft law instrumentsand reinforcing guarantees in relation to fundamental issues such as access to a lawyer and lawyers' accessto their clients, legal professional privilege and the confidentiality of lawyer-client communications.

1. Assembly debate on 30 January 2025 (7th sitting) (see Doc. 16102, report of the Committee on Legal Affairs andHuman Rights, rapporteur: Mr Vladimir Vardanyan). Text adopted by the Assembly on 30 January 2025 (7th sitting).

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