6. The Assembly notes with satisfaction that the draft Convention is designed to introduce structured legalprotection of the profession of lawyer and the right to practise the profession without fear of discrimination,improper hindrance or interference or being subjected to attacks, threats, harassment and intimidation.It establishes professional rights of lawyers, specifies the relevant aspects of their freedom of expression andcertain protective measures. Despite the existence of other international legal instruments pursuing similaraims, including the European Convention on Human Rights (ETS No. 5), the United Nations Basic Principleson the Role of Lawyers, Recommendation No. R(2000)21 of the Committee of Ministers to member States onthe freedom of exercise of the profession of lawyer, and the United Nations Human Rights Council Resolution44/9 on the independence and impartiality of the judiciary, jurors and assessors, and the independence oflawyers, the draft Convention will become the first-ever international treaty on this matter.

7. Once adopted and after its entry into force, the Convention will also be open for accession by any non-member State of the Council of Europe at the invitation of the Committee of Ministers. The Assemblyconsiders that the Convention's global reach will further reinforce the Council of Europe’s status as a leadinginternational organisation in the protection of human rights, democracy, and the rule of law.

8. The Assembly is mindful that the draft Convention was prepared taking into consideration the greatvariety of legal systems and ways the legal profession is organised in member States of the Council of Europeand beyond. It appreciates the inclusive drafting process, which involved government representatives,experts, and legal practitioners, with contributions from non-governmental organisations, including severalprofessional associations of lawyers.

9. The Assembly appreciates that its proposals contained in Recommendation 2121 (2018) are largelyreflected throughout the text of the draft Convention. It considers it particularly significant that the draftConvention’s key provisions (Articles 6, 7 and 9.3) will apply not only to lawyers authorised to practise theprofession under national law but also to individuals denied or revoked the qualification of lawyer or licenses,as well as those recognised by international courts and bodies as competent to act in proceedings beforethem (Article 2.3). This will cover persons who may not be licensed lawyers but represent applicants beforethe European Court of Human Rights, United Nations human rights bodies and/or other relevant fora, such asrepresentatives of NGOs and academics. This extended scope will enhance the effectiveness of theguarantees provided by the draft Convention, particularly in cases where national authorities could seek tobypass them by misusing lawful procedures. The draft Convention not only meets the standards establishedin the jurisprudence of the European Court of Human Rights and in other relevant international documents,but it also develops them by establishing new, higher standards, thereby providing real added value for theprotection of the rights of lawyers.

10. The Assembly also welcomes the stipulation in the draft Convention (Article 4) of legal standards for thefunctioning of professional associations of lawyers as independent, self-governing bodies.

11. The Assembly is particularly satisfied that the draft Convention establishes a robust mechanism formonitoring its implementation (Article 10) and equips it with adequate tools to ensure the effectiveness of theprocess. The Assembly is pleased to note that it will be informed of the implementation of the Convention(Article 15) and findings of inquiries undertaken under the urgent procedure (Article 13.3). This will providevaluable input for the Assembly’s continued work on upholding human rights and the rule of law.

12. The Assembly regrets that the draft Convention contains no specific provisions on the use of secretsurveillance, including spyware such as Pegasus, against lawyers. Whilst Article 6.3 (b) of the draftConvention obliges parties to ensure that lawyers can communicate confidentially with their clients orprospective clients, its general terms may not be sufficient to exclude the risk posed by the use of modernsecret surveillance tools to the right to practise the profession of lawyer without interference. Referring to itsRecommendation 2258 (2023) “Pegasus and similar spyware and secret State surveillance”, the Assemblyproposes that specific provisions regarding this matter be included in a future Council of Europe conventionon the acquisition, use, sale and export of spyware.

13. The Assembly invites the future Group of Experts on the Protection of the Profession of Lawyer(GRAVO) to engage in a regular, mutual exchange of information on all issues pertaining to the situation oflawyers and their role in upholding human rights and the rule of law with its competent committees.

14. The Assembly notes that although the CJ-AV expressly considered that none of the provisions of thedraft Convention should be subject to reservation, no relevant prohibition related thereto was introduced. Inconsequence, pursuant to customary international law (as reflected in Article 19 of the Vienna Convention onthe Law of Treaties), the draft Convention – as presently drafted – could be subject to reservations uponsignature, ratification, acceptance, approval or accession, contrary to the clear intention of the CJ-AVexpressed in its report of the 8th meeting (13-15 May 2024) (document CJ-AV(2024)08).

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