The Council of Europe Convention on the Protection of the Legal Profession can make a significant contribution to creating a safe and independent environment for the practice of law in Ukraine.
Introduction
The legal profession has traditionally played a key role in the justice system of democratic states. Its role lies not only in providing legal assistance to individual citizens or organizations, but also in protecting fundamental human rights and freedoms, in shaping and developing a culture of law, and in upholding the rule of law as one of the basic principles of a modern state governed by law. However, in many countries around the world, including some member states of the Council of Europe, the practice of law may still be subject to political, administrative, or even physical harassment and obstacles.
In light of this, on March 12, 2025, at its 1,522nd meeting, the Committee of Ministers of the Council of Europe adopted the Council of Europe Convention on the Protection of the Legal Profession. This document was drafted under the auspices of the European Committee on Legal Cooperation (CDCJ) and is the result of several years of efforts by international experts and representatives of professional bar associations. It takes into account both previous Council of Europe recommendations (in particular, Recommendation Rec(2000)21 on the freedom to practice law) and a number of international instruments, including the United Nations Basic Principles on the Role of Lawyers (1990).
The adoption of the Convention reflects the European community’s increased focus on ensuring the independence of lawyers and their professional associations, as well as on the protection of human rights in general. After all, without a properly functioning legal profession, it is impossible to imagine fair trials, access to justice, and protection against arbitrary action by the state or third parties. At a time when incidents of intimidation, attacks, and even murders of lawyers due to their professional activities, the Convention aims to establish obligations common to all its parties, designed to counteract any forms of oppression in this area.
Historical Background
The idea of drafting an international instrument that would comprehensively protect the rights of lawyers first emerged in the 1990s
. By that time, the Council of Europe had already adopted a number of documents concerning the administration of justice and the practice of law. However, the worsening security situation for lawyers in various jurisdictions—ranging from physical attacks and intimidation to unlawful searches and wiretapping —prompted a search for more specific and stringent international mechanisms to compel states to uphold the principle of the independence of the legal profession.
An important source of inspiration was the United Nations Basic Principles on the Role of Lawyers, adopted at the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (Havana, Cuba, August 27–September 7, 1990). The development of the new Convention was also influenced by the case law of the European Court of Human Rights (ECHR), particularly the judicial practice establishing high standards for the independence of lawyers.
In 2023–2024, following a series of high-profile cases in Council of Europe member states where lawyers were subjected to politically motivated persecution, the development of a new Convention became a top priority. The European Committee on Legal Cooperation (CDCJ) prepared several draft documents after conducting extensive consultations with representatives of bar associations, human rights organizations, and national governments.
The Convention was officially adopted at a meeting of the Committee of Ministers on March 12, 2025. This instrument expanded the Council of Europe’s legal arsenal aimed at upholding the rule of law. It became the first specialized instrument at the European level to focus exclusively on the protection of lawyers and their professional associations, defining specific obligations for states in this area.
Purpose and Basic Principles of the Convention
According to Article 1 of the Convention, the main objective is to “strengthen the protection of the legal profession and the right to practice law with independence and without discrimination, obstacles, or interference.” In a broader sense, it is intended to promote the rule of law by:
removing any administrative, judicial, or political barriers that prevent lawyers from performing their professional duties;
preventing instances of intimidation, threats, harassment, and other forms of pressure against lawyers;
effectively investigating and punishing those responsible for attacks on or obstruction of lawyers’ activities.
The fundamental principles underlying the Convention are:
1. The independence of lawyers and professional associations.
States Parties undertake to refrain from any unlawful or arbitrary interference with the work of the legal profession and the self-governing bodies of lawyers.
2. Ensuring access to justice. Lawyers serve as key intermediaries between citizens and the courts. Any violation of a lawyer’s rights inevitably affects the quality and effectiveness of legal representation.
3. The right to freedom of expression. Lawyers must be able to speak freely both about their cases and about broader issues of human rights and justice, without being subjected to pressure or censorship.
4. Special safeguards during searches, arrests, and disciplinary proceedings. In the context of professional legal practice, it is particularly important to uphold the rights to confidentiality and a fair hearing regarding any allegations of misconduct.
Key Provisions of the Convention
Below, we will examine the most significant articles of the Convention, which outline the fundamental rights, obligations, and safeguards for lawyers, as well as protection and monitoring mechanisms.
Protection of Lawyers’ Professional Rights (Article 6)
Article 6 of the Convention is devoted specifically to the “professional rights of lawyers.” It establishes key safeguards that the state must ensure for the proper practice of law:
1. The right to provide legal assistance and represent clients’ interests
This refers to the unimpeded ability to enter into agreements with clients, to freely accept or decline representation, and to effectively exercise the right to defense in judicial and extrajudicial proceedings.
2. Confidentiality of communications with clients
States Parties are obligated to ensure that correspondence or any other form of communication between a lawyer and a client is not subject to arbitrary monitoring or disclosure. This provision enshrines one of the most important safeguards of the legal profession.
3. Protection from Prosecution for Actions Taken in Good Faith
In some countries, lawyers may often face criminal or administrative prosecution simply for defending unpopular or “politically sensitive” positions. The Convention prevents this by granting immunity to lawyers if their statements or actions are made in good faith and are consistent with their professional duties.
Article 6 also stipulates that a lawyer cannot be equated with the client’s position or actions. This significantly reduces the risk of attacks and persecution when defending a client could be considered compromising for the lawyer.
It is worth noting that initiatives aimed at establishing a similar prohibition already exist in Ukraine. For example, on March 5, 2025, the Verkhovna Rada Committee on Law Enforcement recommended the adoption of Bill No. 12320, which provides for fines of up to 5,100 hryvnias for violating the prohibition on equating a lawyer with a client. This proposal demonstrates the state’s commitment to strengthening guarantees of the independence of the legal profession and ensuring the protection of lawyers from undue pressure.
Independence of Professional Associations (Article 4)
Article 4 focuses on the status and role of professional bar associations. It contains several critically important aspects:
1. Self-governing nature. The state must recognize the right of professional bar associations to self-governance, including the right to hold their own elections for governing bodies without external interference.
2. The right to establish professional standards. Bar associations are granted the authority to set criteria for admission to the profession, develop codes of ethics, and defend the interests of lawyers before government authorities.
3. Access to membership in other organizations. The existence of a single mandatory bar association cannot prohibit the creation of other informal associations for the protection of professional rights.
The purpose of these provisions is to prevent situations in which the executive or judicial branches of government restrict the independence of the profession through control over bar self-governing bodies. In many countries, professional associations play a role not only in internal regulation but also in defending the rights of lawyers and their clients at the national and international levels.
Freedom of Expression (Article 7)
Article 7 guarantees lawyers the right to freedom of expression and participation in public discourse:
1. The ability to inform the public about clients’ cases—provided that professional duties (in particular, confidentiality) are observed and the privacy of the parties is respected.
2. Participation in public discussions on important issues of law and justice—lawyers may publicly express their views on legislative changes, law enforcement practices, or human rights compliance.
3. Protection from censorship or administrative pressure. The Convention obligates states to ensure that lawyers are free to write articles, give interviews, appear in the media, and express their opinions on social media and other platforms.
This provision is particularly important in the context of democratic processes, as lawyers often serve as the “voice” of society on issues such as judicial reform, corruption, and the protection of the rights of vulnerable groups, and also participate in professional discussions on the rule of law.
Disciplinary Procedures (Article 8)
Article 8 establishes the principles governing disciplinary proceedings against a lawyer:
1. Exclusively on the basis of professional standards. No political or arbitrary motives should influence the initiation of disciplinary proceedings.
2. Transparency and independence of the disciplinary body. Such a body must be established by the bar association or another impartial body, and its decisions must be subject to judicial review.
3. Proportionality of punishment. The Convention emphasizes that the deprivation of the right to practice is an extreme measure and should be applied only in cases of serious violations.
Thus, Article 8 strikes a balance between the need to uphold high ethical standards in the profession and the protection of lawyers from malicious or politically motivated persecution.
Safeguards (Article 9)
Article 9 outlines a number of mandatory safeguards that states must provide:
1. A lawyer’s right to legal counsel (paradoxical, but extremely important): if a lawyer is detained, they have the guaranteed right to contact a colleague who will act as their representative, as well as their professional association.
2. The presence of representatives of the professional association during searches or the seizure of documents in lawyers’ offices. This is intended to prevent abuses and the unlawful seizure of confidential information.
3. Investigation of attacks on lawyers. The Convention requires states to effectively investigate any threats to the life or health of a lawyer or his or her family if there are grounds to believe that the motive was specifically
their professional status or activities.
These provisions are directly aimed at creating a safe environment for the practice of law. After all, without specific safeguards, a lawyer may lose the trust of clients and be unable to properly fulfill their professional duties.
Monitoring Mechanism (Articles 10–15)
One of the innovations is the creation of a monitoring mechanism (GRAVO), which is empowered to assess the implementation of the Convention in the participating states.
Among the Convention’s innovations is the creation of the Group of Experts on the Protection of the Legal Profession (GRAVO). Its powers include:
regularly assess the implementation of the Convention in participating states;
conducting visits to participating states to gather information and verify the practical implementation of the Convention’s provisions;
a special (urgent) procedure if widespread or systematic violations of lawyers’ rights are documented in a country;
preparing recommendations for member states, as well as reporting to the Committee of the Parties and the Committee of Ministers of the Council of Europe.
This monitoring mechanism is designed to transform the Convention’s provisions from declarative to substantive, as GRAVO can initiate enhanced inspections and draw international attention to problems in the event of systemic violations. As a result, member states will not be able to ignore their international obligations without consequences for their reputation or without the risk of being held accountable for violations of lawyers’ rights.
Ratification and Entry into Force
The Convention is an international treaty of the Council of Europe intended to become part of the national legal systems of the participating states upon their ratification.
Article 17 stipulates that the Convention is open for signature by member states of the Council of Europe, states that participated in its drafting, and the European Union. For the Convention to enter into force, the following are required:
a total of eight instruments of ratification;
at least six of them must be from member states of the Council of Europe.
Once this number is reached, the Convention will enter into force on the first day of the month following the expiration of a three-month period from the date of deposit of the eighth instrument of ratification.
For any signatory that ratifies the Convention at a later date, it will enter into force three months after the date of deposit of the relevant instrument.
States that did not participate in the drafting of the Convention and are not members of the Council of Europe may accede to it upon invitation by the Committee of Ministers, provided that all parties unanimously consent (Article 18). Reservations to the Convention are limited to specific provisions of Article 6 concerning the status of certain categories of persons (Article 21), in order to prevent any unjustified weakening of the guarantees it provides.
Ratification in Ukraine: Consequences and Prospects
Ukraine, having become a member of the Council of Europe as early as 1995, has gradually brought its legal system into line with European standards, particularly in the areas of the judiciary and the legal profession. The adoption in 2012 of the Law “On the Bar and the Practice of Law” marked an important milestone on the path to reform, but new challenges emerged in the years that followed. In particular, during the armed conflict and political turmoil (from 2014 onward), lawyers involved in cases related to war crimes, corruption, or the persecution of opposition activists faced pressure from law enforcement agencies, criminal groups, or other influential factions.
If Ukraine ratifies the Convention, it will have a number of important consequences:
1. Strengthening security guarantees for lawyers
In the event of intimidation or attacks against a lawyer, the professional association will be able to appeal to international mechanisms, including GRAVO. This will increase the level of international oversight and protect lawyers working on “sensitive” cases, including those involving war crimes or political corruption.
2. Requirement to harmonize legislation
Ukraine will be required to review and update its domestic regulations to bring them into compliance with Articles 4, 6, 7, 8, and 9 of the Convention. This may involve clarifying provisions on disciplinary liability for lawyers, procedures for searching law offices, procedures for the detention of lawyers, and legal mechanisms to protect confidentiality.
3. Enhancing Ukraine’s International Image
Ratification of the Convention will demonstrate that Ukraine is committed to upholding high standards of justice and the legal profession, which could positively impact the country’s reputation within international institutions and even its investment climate.
4. Strengthening the National Bar Association of Ukraine
Provisions on the independence of professional associations ensure that the UNAA is protected from political influence and pressure from other government bodies. This, in turn, can help improve the effectiveness of bar self-governance, particularly in terms of monitoring compliance with ethical standards and engaging with international partners.
5. Responding to the Realities of War and Post-Conflict Recovery
In the context of armed conflict, occupation, and post-conflict recovery in Ukraine, lawyers are involved in numerous proceedings related to human rights violations and the determination of the legal status of individuals who have found themselves in the combat zone or have been forcibly displaced. The Convention will provide them with additional procedural and legal safeguards for their safety and independence.
At the same time, there are certain challenges that may accompany the ratification process and subsequent implementation:
resistance from certain state institutions that are accustomed to being able to control or influence lawyers through disciplinary mechanisms;
a lack of resources to implement the full range of protective measures, such as ensuring the presence of association representatives during searches or providing adequate security for lawyers in high-risk regions;
a lack of legal culture among some law enforcement officials and judges, which could lead to the practical sabotage of the Convention’s provisions.
However, despite potential challenges, the ratification and implementation of the Convention can help improve the quality of justice and public trust in legal institutions, as well as enable lawyers to more effectively fulfill their professional mission—protecting human rights and ensuring a fair trial.
Conclusions
The Council of Europe Convention on the Protection of the Legal Profession is a new, yet logical, step in the development of European law toward strengthening guarantees of the rule of law and the protection of fundamental human rights. It was created in response to instances where lawyers are subjected to psychological and physical pressure, smear campaigns, unlawful searches, or the seizure of materials, which undermines the fundamental institution of justice and deprives citizens of proper access to legal assistance.
Among the Convention’s key achievements are:
the specification of a set of rights and guarantees for lawyers and their professional associations, including disciplinary procedures and searches (Articles 6, 8, 9);
the establishment of a monitoring mechanism through a special Group of Experts (GRAVO) capable of responding to serious or systemic violations;
clear regulation of the principle of self-governance of professional bar associations and freedom of expression (Articles 4, 7), which contributes to the development of civil society;
a clear ratification procedure covering not only Council of Europe member states but also other countries wishing to accede (Articles 17, 18).
For Ukraine, ratification of the Convention paves the way for strengthening the protection of lawyers, especially in complex cases related to armed conflict, corruption investigations, or political persecution. At the same time, this will require the active participation of the Ukrainian National Bar Association, the parliament, and the government to adapt national legislation and practice to the new international standard. In the long term, this will also send a positive signal
to international partners regarding the country’s readiness to adhere to the principles of the rule of law.
Thus, the Council of Europe Convention on the Protection of the Legal Profession can make a significant contribution to creating a safe and independent environment for the practice of law in Ukraine. This, in turn, will strengthen the effectiveness of the justice system, the protection of civil rights, and the freedom of public discourse on law and justice. The key is to ensure not only formal ratification but also the proper implementation of this important international document.
Author: Vitaliy Chayun, Barrister
Source: https://zib.com.ua/ua/166107-konvenciya_radi_evropi_pro_zahist_profesii_advokata_analitic.html?fbclid=IwY2xjawJHTHhleHRuA2FlbQIxMAABHcB3BG-7uTCDDWb1w99H72zzFF_JsxHgFz5bBpebmcKMb95nRIU17RZ12g_aem_eQq2ev7_KEZxjgmDBPALHQ