Council of Europe Convention for the Protection of the Profession of Lawyer

Lawyers play a crucial role in the justice systems of all democracies. They are essential to the respect of the rule of law and in particular access to justice for all and the right to a fair trial to have anyone’s human rights vindicated. The Council of Europe Convention for the Protection of the Profession of Lawyer is a response to the increasing number of attacks on lawyers practising their profession, whether in the form of harassment, threats or attacks, or interference in the exercise of their professional responsibilities. This was established, for example, by the Parliamentary Assembly.

In 2020, the Council of Europe's European Committee on Legal Co-operation (CDCJ) adopted a feasibility study on a new European legal instrument which looked into how the protection of the profession of lawyer could be strengthened and, in doing so, examined existing international instruments, particularly the Committee of Ministers Recommendation R(2000)21 on the freedom of exercise of the profession of lawyer and the European Convention on Human Rights.

Based on this study, the Committee of Ministers established in 2022 the Committee of Experts on the Protection of Lawyers (CJ-AV) under the responsibility of the CDCJ. The CJ-AV consisted of 15 representatives of member states, participants and observers, including INGOs promoting and protecting the rights and interests of lawyers. In the course of its work, the CJ-AV came to the conclusion that in order to strengthen effectively the protection of lawyers, a legally binding instrument was needed, an approach later validated by the CDCJ and the Committee of Ministers.

The CJ-AV held nine meetings from 2022 to 2024 during which it prepared a draft convention for the protection of the profession of lawyer and its explanatory report. At its 103^rd plenary meeting (19-21 November 2024), the CDCJ approved the draft convention, which was transmitted to the Committee of Ministers for adoption, and adopted its explanatory report. The Council of Europe Convention for the Protection of the Profession of Lawyer was adopted by the Committee of Ministers on 12 March 2025. It is the first international legally binding treaty dedicated to the protection of the profession of lawyer and is opened to states beyond member states of the Council of Europe.

The Council of Europe Convention for the Protection of the Profession of Lawyer aims to protect lawyers and their professional associations which play a crucial role in safeguarding the rights and interests of lawyers both individually and as a profession. The Convention addresses entitlement to practise, professional rights, freedom of expression, professional discipline and specific protective measures for lawyers and professional associations. Compliance with the Convention will be monitored by the Group of Experts on the Protection of Lawyers (GRAVO) and the Committee of the Parties. At least eight countries, including six member states of the Council of Europe, must ratify for it to enter into force.

The Council of Europe Convention for the Protection of the Profession of Lawyer in brief by Christoph Henrichs, member of the CDCJ and Chair of the former Committee of Experts on the Protection of Lawyers (CJ-AV)

Reference documents

Terms of Reference 2024

Terms of Reference 2022-2023

CJ-AV members

Resolution CM/Res(2021)3 on intergovernmental committees and subordinate bodies, their terms of reference and working methods

Agenda (access to restricted documents restricted to authorised persons)

Meeting report

List of participants

News

Back European Lawyers’ Day 2021: CDCJ Vice-Chair joins lawyers to discuss a new European legal instrument on the profession

Christophe Poirel, Director of Human Rights of the Council of Europe, and Christoph Henrichs, Vice-Chair of the European Committee on Legal Co-operation (CDCJ), engage with lawyers by taking part on 25 October in the virtual round table organised by the CCBE on the occasion of the European Lawyers’ Day 2021, dedicated to the theme "No justice without independent lawyers".

The Council of Europe attaches a particular importance to the fundamental role lawyers and lawyers' professional associations play in ensuring the protection of human rights and fundamental freedoms and the need to promote the freedom of exercise of the profession in order to strengthen the Rule of Law in which lawyers participate. The conclusions of the recently published feasibility study carried out by the CDCJ are unequivocal on the real need to adopt a new European legal instrument, binding or non-binding, on the profession of lawyer and on the added value of such an instrument.

This new instrument should, according to Christoph Henrichs, "set out the standards in a manner that is both more precise and more comprehensive. This, binding or non-binding, legal instrument would be a step forward for both lawyers and their clients provided that the level of law and protection is higher than the existing one and that Member States agree to its application".

During his speech, Christophe Poirel recalled that "the freedom of exercise of the profession of lawyer is indispensable for the full implementation of the fundamental right to a fair trial as guaranteed by Article 6 of the European Convention on Human Rights. It is undeniable that the adoption of a future legal instrument in this field, allowing for a better protection of lawyers in the exercise of their profession, would contribute to the strengthening of democracy, the rule of law and human rights which are the very essence of the Council of Europe".

22 October 2021