Historic treaty protects legal profession at European level
Today in Luxembourg, the Council of Europe took a historic step: the first ever binding international treaty to protect lawyers was signed.
This is the very first international treaty specifically aimed at protecting the legal profession. Advocaat.be welcomes this historic initiative as a strong signal and endorses the objectives of the convention: there is no place in a state governed by the rule of law for intimidation, threats or obstruction of lawyers in the exercise of their profession.
The Convention to protect the legal profession comes in response to increasing reports of pressure, threats and violence against lawyers in many countries in Europe. The Convention requires states to ensure that lawyers practise their profession independently, without undue interference. This means, among other things, that they must have free access to their clients and be able to provide them with legal advice in a confidential manner. The convention also protects the independence of bar associations and orders.
De Conventie ter bescherming van het beroep van advocaat komt er als antwoord op de toenemende meldingen van druk, bedreigingen en geweld tegen advocaten in veel landen in Europa. Het verdrag verplicht staten om te waarborgen dat advocaten hun beroep onafhankelijk uitoefenen, zonder ongepaste inmenging. Dat betekent onder andere dat ze vrije toegang moeten hebben tot hun cliënten en hen op vertrouwelijke wijze moeten kunnen voorzien van juridisch advies. Het verdrag beschermt ook de zelfstandigheid van de balies en Ordes.
"Lawyers are a foundation of the rule of law," says Peter Callens, president of Advocaat.be. "Anyone who intimidates a lawyer undermines the right to defence, to a fair trial and to access to justice. This convention recognises that essential role and provides an internationally binding framework for their protection."
Support is also loud at the European level: "This convention is an important step forward thanks to the joint commitment of European bar associations and relevant institutions," says compatriot Alex Tallon, second vice-president of the CCBE (Council of Bars and Law Societies of Europe). "It is a milestone in the protection of the rule of law: he who protects the lawyer protects the citizen."
In Belgium, the lawyer is recognised as a person with an irreplaceable function in the judiciary and in the functioning of the rule of law. The new convention confirms and reinforces this. It constitutes a clear warning to those in Europe who would like to jeopardise every citizen's access to the independent assistance of a lawyer.
Advocaat.be stresses that trust in justice and in the democratic system is inextricably linked to the protection of those who defend the rights of citizens and businesses. This convention is therefore not only a victory for the legal profession, but for every citizen who counts on independent, fearless assistance in court.
