Luxembourg, May 2025: The Council of Europe has opened, for signature, the Convention for the Protection of the Profession of Lawyer (CETS No. 226), the first binding international treaty dedicated entirely to safeguarding the independence, security and proper functioning of the legal profession. Over twenty European states have already signed, signaling broad political support for strengthening the rule of law during a period of rising threats, harassment and interference against lawyers.
The Convention codifies, into enforceable treaty obligations, principles previously found in soft-law instruments such as the UN Basic Principles on the Role of Lawyers (1990) and the Council of Europe Recommendation Rec(2000)21. It also builds on decades of European Court of Human Rights jurisprudence concerning fair trial rights, privacy and freedom of expression.
Key Protections Introduced
The Convention requires states to:
- Guarantee independent and self-governing bar associations free from political or administrative interference.
- Ensure fair, non-discriminatory access to the profession, with licensing decisions subject to independent judicial review.
- Protect core functional rights, including confidential lawyer-client communication, access to clients (including those detained), access to case files and participation in proceedings.
- Safeguard lawyers’ freedom of expression, including their right to comment publicly on legal reforms and human-rights issues.
- Maintain independent, fair and proportionate disciplinary procedures.
- Adopt strong protective measures against threats, intimidation, unlawful searches and retaliation and ensure effective investigations where attacks occur.
Monitoring Mechanism
A newly established expert body, GRAVO (Group of Experts on the Protection of the Profession of Lawyer), will supervise implementation through reporting rounds, country visits and urgent procedures in cases of serious violations.
Next Steps
The Convention will enter into force once eight states, including six Council of Europe members, complete ratification. Several signatories have already begun the process and national legal reforms are underway to align domestic frameworks with the Convention’s requirements.
A Milestone for the Rule of Law
The Convention has been welcomed by bar associations, human-rights organisations and academic commentators as a landmark achievement. It sends a clear message:
Independent lawyers are essential to democracy and their protection is now a matter of international law.
Full text of the Convention can be found here
*The above passage has been produced with the assistance of ChatGPT
Disclaimer
Disclaimer
The content of this article cannot be considered as a legal advice. For any further information or advice on the particular matter, we strongly recommend that you contact us to be guided accordingly.
