The European Convention on the Legal Profession: a joint and effective response to threats to the right to a defence

Background

On 12 March 2025, the adoption of the Council of Europe Convention for the Protection of the Legal Profession marked a historic milestone for the profession. As the first legally binding international treaty specifically dedicated to the protection of lawyers and their professional organisations, this instrument is the culmination of a long process that began nearly a decade ago in response to an alarming deterioration in the conditions under which the profession is practised in many European countries and beyond.

The OIAD has actively followed every stage of this process as an observer member of the Committee of Experts on the Protection of Lawyers, which was responsible for the draft Convention.

An alarming trend: the rise in attacks on the legal profession

For many years, the international protection of lawyers relied primarily on two key instruments: the Basic Principles on the Role of Lawyers adopted by the United Nations in Havana in 1990 and Recommendation Rec(2000)21 of the Committee of Ministers of the Council of Europe on the freedom to practise the legal profession. These texts set out essential standards but remained non-binding.

Meanwhile, the case law of the European Court of Human Rights offered certain safeguards, particularly regarding professional secrecy, the right to a fair trial and protection against arbitrary interference. However, no international standard provided comprehensive and consistent protection for the legal profession in all its aspects.

During the 2010s, European professional organisations observed a significant increase in threats against lawyers: intimidation, abusive prosecutions, surveillance, obstruction of the defence, physical assaults and, in some cases, imprisonment or murder. This worrying trend affected not only authoritarian regimes, but also certain democratic states facing growing tensions surrounding the rule of law.

In response to this situation, the Council of Bars and Law Societies of Europe (CCBE) took the lead. As early as 2016, it undertook significant advocacy work with the Council of Europe to secure the drafting of a binding legal instrument dedicated to the protection of the legal profession. This initiative was based on a simple idea: the protection of the rights of the defence requires the effective protection of those who embody them on a daily basis.

The project gradually gained credibility as accounts mounted from lawyers who had been subjected to pressure and infringements of their independence. European bar associations, joined by numerous human rights organisations, helped to forge a consensus on the need for a new international instrument.

From parliamentary recommendation to the drafting of the Convention

A decisive milestone was reached in 2018 when the Parliamentary Assembly of the Council of Europe adopted a recommendation calling on the Committee of Ministers to draft a European Convention on the Legal Profession. It emphasised the need to strengthen mechanisms for the protection of lawyers and to establish institutional responses to the growing threats to their independence.

Following this initiative, a feasibility study was carried out under the auspices of the Council of Europe. Published in April 2021, it concluded that the difficulties faced by lawyers are serious and widespread, and that a legally binding instrument is fully justified. The study recommended the creation of a specific monitoring mechanism to ensure the effectiveness of future obligations under the Convention.

On this basis, the Committee of Ministers established the Committee of Experts on the Protection of Lawyers (CJ-AV) in 2022. For nearly three years, experts from member states, accompanied by observers, have been drafting the future text. The OIAD played an active role in this work and contributed to discussions on key issues such as legal professional privilege, the independence of bar associations, procedural safeguards and oversight mechanisms.

A landmark text for the rule of law

The work culminated in November 2024 with the approval of the draft convention by the European Committee on Legal Co-operation (CDCJ). The text was then adopted by the Committee of Ministers of the Council of Europe on 12 March 2025, before being opened for signature in Luxembourg on 13 May 2025.

The main provisions of the Convention

Beyond its symbolic significance, the Council of Europe Convention for the Protection of the Legal Profession is distinguished by a coherent set of safeguards designed to ensure the free and independent practice of the profession.

Article 4 enshrines the right to practise as a lawyer and requires States to ensure that access to the profession, as well as its practice, is guaranteed without discrimination. This provision also reaffirms a fundamental principle of the rule of law: a lawyer cannot be equated with their client or with the case they are defending.

Article 6, which deals with professional rights, is one of the pillars of the Convention. It protects the professional independence of lawyers and the confidentiality of their communications with their clients. The text also guarantees respect for professional secrecy and provides for specific safeguards when the authorities carry out searches, seizures or copies of professional documents and data. These protections aim to preserve the essential relationship of trust between a lawyer and their client.

Article 7 protects lawyers’ freedom of expression. It recognises their right to participate in public debate and to express their views on matters relating to the law, the administration of justice, the protection of human rights and the rule of law without risking sanctions or reprisals incompatible with their professional duties.

Articles 8 and 9 are devoted to professional associations and bar associations. They guarantee their independence and institutional autonomy, whilst recognising their essential role in defending the rights and interests of the profession. States must ensure that these organisations are able to carry out their duties freely and are protected against any form of undue interference.

Article 10 deals with professional discipline. Without questioning the competence of national disciplinary bodies, it requires that any disciplinary proceedings respect the fundamental guarantees of fairness, independence and impartiality.

One of the most significant improvements in the text is found in Article 11, which requires States to adopt effective protective measures when lawyers are subjected to threats, acts of intimidation, harassment or violence on account of their professional activities. This positive obligation reflects the commitment to respond in practical terms to the increase in attacks targeting human rights defenders in many States.

An innovative monitoring and implementation mechanism

The Convention also establishes a novel monitoring mechanism based, in particular, on the Group of Experts on the Protection of Lawyers (GRAVO).

The truly innovative nature of the text lies in its monitoring mechanism, set out in Articles 16 to 21, which aims to ensure the effective fulfilment of the commitments undertaken by the States Parties. Unlike previous instruments relating to the legal profession, which relied primarily on the goodwill of States, the Convention establishes a permanent system for monitoring its implementation.

This mechanism relies primarily on the Group of Experts on the Protection of the Legal Profession (GRAVO), comprising independent experts tasked with assessing States Parties’ compliance with the Convention’s provisions. GRAVO will be able to examine the national measures adopted, issue recommendations to States and identify difficulties encountered in the application of the Convention. It will also be able to organise country visits.

A Committee of the Parties complements this framework by ensuring political follow-up on the conclusions and recommendations made by the experts.

The objective is twofold: to promote the gradual harmonisation of European standards for the protection of the legal profession and to provide an institutional framework enabling the rapid identification of systemic or recurrent breaches of lawyers’ independence. This mechanism thus constitutes one of the Convention’s major advances, transforming guarantees that were previously largely declaratory into legally binding commitments subject to international scrutiny.

An ambition that extends beyond Europe’s borders

One of the Convention’s major innovations lies in its openness to third countries. This provision reflects the ambition to make this text an international standard for the protection of the legal profession.

The CCBE and the European bar associations are fully committed to ensuring that the signatory states ratify the text swiftly so that it becomes legally binding.

For the OIAD, which followed the drafting of the Convention as an observer, promoting the Convention beyond European borders in order to secure its swift signature and, indeed, ratification by third countries within the Council of Europe is a crucial objective in light of the threats facing lawyers worldwide.

More than just a technical instrument, the Convention affirms a fundamental principle: there can be no rule of law without independent lawyers. Its genesis demonstrates the ability of all stakeholders in the profession to join forces to respond collectively to the threats facing the defence. In this sense, the Convention already stands out as one of the profession’s most significant achievements in recent decades.

The OIAD’s long-term commitment

The adoption of the Council of Europe Convention for the Protection of the Legal Profession represents a major historic step forward. This text enshrines fundamental principles such as the independence of the profession, the confidentiality of communications and protection against pressure and reprisals.

The OIAD was an observer member of the Committee of Experts responsible for drafting the Convention.

The CCBE and the national bar associations are responsible for monitoring and promoting the swift ratification of the Convention by European states.

Beyond the European sphere, this Convention offers a unique opportunity to define international standards for the protection of lawyers. The OIAD, through its network and expertise, is particularly well placed to support this initiative and promote its adoption on a global scale.

In this context, the OIAD positions itself as a key player in its promotion and implementation, particularly at the international level.

The OIAD is particularly committed to:

Encouraging its ratification, particularly by the home states of the OIAD’s member bar associations. To this end, the OIAD works in synergy with other international bodies responsible for this Convention
Promoting the Convention and its adoption by third countries, which involves providing training to raise awareness of it amongst third countries
Systematically invoking the provisions of the Convention in alerts, reports and Universal Periodic Reviews;
Prepare and disseminate resources on the Convention in several languages;
Increase the number of training sessions and communication initiatives aimed at third countries