CoE Convention on Protection of Lawyers Opened for Signature
15 May 2025 // Preprint Issue 1/2025
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl

On 13 May 2025, the new Council of Europe Convention for the Protection of Profession of Lawyer was opened for signature. The first signatories include 17 Council of Europe member states.

The Convention for the Protection of Lawyer is the first-ever international treaty that aims at ensuring better protection of the profession of lawyer and hence responding to the rising trend of attacks, threats, harassment and intimidation on account of, as well as improper hindrance and interference in their professional activities. The Convention obliges the parties to take measures in order to ensure the right to practise the lawyer profession with independence and without discrimination, to avoid improper hindrance and interference and to ensure protection from attacks, threats, harassment and intimidation.

The Convention applies to the professional activities of lawyers and of their professional associations. It is also applicable to (1) persons who have either been refused the qualification of lawyer or a licence to practise or has had these revoked or suspended; and (2) persons who are recognised by an international court or tribunal, or a body established by an international organisation, as competent to act in proceedings before it when advising on or acting in such proceedings.

The substantial part of the Convention's provisions relate to the following:

  • Obligations towards the functioning of professional lawyer associations, which must be independent, self-governing bodies;
  • Obligations regarding the entitlement to practise;
  • Obligations to ensure the professional rights of lawyers;
  • Obligations to ensure the freedom of expression of lawyers;
  • Obligations towards disciplinary actions and proceedings against lawyers;
  • Protective measures vis-à-vis individual lawyers and professional associations;

The Convention provides for a specific monitoring mechanism. Compliance will be ensured by "the Group of Experts on the Protection of the Profession of Lawyer" (GRAVO) and a Committee of the Parties.

Accession to the Convention is also permitted for non-Council of Europe member states. In order to enter into force, the Convention must be ratified by at least eight countries, of which six must be member states of the Council of Europe.

Eucrim will regularly report on the status of signatures and ratifications in its section "Documentation > CoE Ratifications" (CETS 226).

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Author

2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg
Thomas Wahl

Institution:
Max Planck Institute for the Study of Crime, Security and Law (MPI CSL)

Department:
Public Law Department

Position:
Senior Researcher