Since months, the EU Commission has been stalling the ratification process of a Council of Europe convention aimed at protecting lawyers. Now, a Franco-German alliance of legal organizations has turned directly to the Commission President.
The frustration among legal organizations is immense. Although many states, including Germany, have already signed the Council of Europe’s convention concerning the international protection of lawyers, the EU Commission is blocking the final ratification process.
The convention, which contains crucial guidelines for safeguarding the legal profession against state repression and harassment, requires ratification by eight states, including at least six Council of Europe member countries, to acquire international legal binding effect. To date, while approximately 30 countries have signed the agreement, not a single nation has ratified it, and the German government has not even introduced a corresponding legislative proposal in the Bundestag.
EU Commission Delays Ratification
According to reports, the delay stems from the EU Commission itself. Just before the convention was finalized, the Commission realized that some provisions also relate to EU competencies. Brussels insisted that the EU Commission must also join the convention. The Commission has communicated that until this is accomplished, EU member states cannot finalize their own ratification processes.
For months, member states and legal organizations have been waiting for Brussels to take action. The anger among German legal organizations is growing; Dr. Christian Lemke, Vice President of the Federal Bar Association (BRAK), expressed his deep frustration to LTO, criticizing the Commission for being a “blockade.” The current uncertainties have resulted in the bizarre situation where non-EU member states might become the first to ratify the convention, which Lemke considers “deeply embarrassing.”
Doubtful of the EU Commission’s seriousness regarding the matter, three French legal organizations, including the Conseil National des Barreaux and the Barreau de Paris, have teamed up with BRAK and the German Bar Association (DAV) to send a stern letter to Commission President Ursula von der Leyen.
Criticism of Inaction in Brussels
In their letter, the organizations express bewilderment over the Commission’s failure to present either a concrete timeline or the necessary resolution proposals. They state, “This inaction fuels growing doubts about the Commission’s genuine willingness to quickly conclude the EU’s access to the convention.”
Legal organizations emphasize that this situation becomes even more alarming since EU member states have been prohibited from ratifying the convention while the European Union itself has not joined. They argue, “If this remains the Commission’s stance, it practically contributes to delaying or even indefinitely preventing the enactment of a measure designed to better protect a key actor in the rule of law.”
The associations further argue that the Commission’s behavior is hardly tenable and is paradoxical – “at a time when the European Union regularly commits to the fundamental value of the rule of law, the protection of human rights defenders, and the fundamental importance of an efficient judiciary.” It is unacceptable for a legal text, designed to protect lawyers from threats and intimidations in their professional capacities, to be perpetually blocked due to the EU Commission’s inactivity.
Von der Leyen Urged for a Timely Response
In their letter, legal organizations now urge von der Leyen to respond promptly regarding the Commission’s next steps. They express their wish that the Commission does not maintain a state of uncertainty that significantly impedes the adoption of a Council of Europe convention, which is urgently awaited by European legal organizations and aligns with the Union’s rule-of-law objectives.
In a press release accompanying the letter, DAV President Stefan von Raumer stated, “Given that the EU Commission has repeatedly announced the timely submission of relevant resolutions for ratification, it is long overdue for the Commission to fulfill this announcement and clarify its position.”
Anticipated Changes in Criminal Procedure Law
The Council of Europe Convention for the Protection of the Profession of Lawyer obliges contracting states to ensure that lawyers are not exposed to physical attacks, threats, harassment, or undue interference. It outlines provisions for the protection of legal professional organizations, requirements for admission procedures, and standards for legal professional rights, such as access to clients and confidentiality.
Though many of these provisions already exist in Germany, the convention—being a binding international treaty—could establish an active duty of the state to protect endangered lawyers. In principle, the state could be compelled to act based on this convention.
Federal Justice Minister Stefanie Hubig also sees a concrete need for adjustments, particularly in the realm of the Criminal Procedure Code, specifically regarding searches of law firms. The convention stipulates that lawyers must have the option to bring an independent attorney or a bar member as an observer during a search.
The letter from the legal organizations to the EU Commission President can be downloaded here.
