Council of Europe: Outcome of the Parliamentary Assembly session on 10-13 October 2017

October 16th, 2017 § 0 comments § permalink

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PACE, 10-13 October 2017, Strasbourg

Amongst others, the Parliamentary Assembly of the Council of Europe (PACE) concluded as follows at its session:

New threats to the rule of law in Council of Europe member States: selected examples: Resolution 2188 (2017) of the Parliamentary Assembly

“The Assembly has thoroughly examined the situation in five member States: Bulgaria, the Republic of Moldova, Poland, Romania and Turkey. Although the list of problems found in those States does not include all of those to be found in Council of Europe member States, the Assembly is concerned about some recent developments which put at risk respect for the rule of law, and, in particular, the independence of the judiciary and the principle of the separation of powers. This is mainly due to tendencies to limit the independence of the judiciary made though attempts to politicise the judicial councils and the courts (mainly in Bulgaria, Poland and Turkey), massive revocation of judges and prosecutors (Turkey) or attempts to do so (Poland) and tendencies to limit the legislative power of the parliament (the Republic of Moldova, Romania and Turkey). Moreover, corruption, which is a major challenge to the rule of law, remains a widespread phenomenon in Bulgaria, the Republic of Moldova and Romania.” (To read the entire Resolution, click here.)

Venice Commission’s “Rule of Law Checklist”

The Assembly decides to:

6.1. endorse the Venice Commission’s Rule of Law Checklist;
6.2. use it systematically in its work, particularly in the preparation of reports of the Committee on Legal Affairs and Human Rights and the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee), in order to accurately identify any structural and systemic problems in the Council of Europe’s member States;
6.3. invite the national parliaments and government bodies, including the relevant ministries, when assessing the need for and the content of legislative reform, to refer systematically to the Rule of Law Checklist;
6.4. invite international and regional organisations, including the Council of Europe as a whole and the European Union, to refer regularly to the Rule of Law Checklist in their relevant work. In this connection, the Assembly congratulates the Secretary General of the Council of Europe on having taken the Rule of Law Checklist into account in his 2017 annual report on the situation of democracy, human rights and the rule of law in Europe, and urges him to do so systematically in all his future annual reports;
6.5. encourage civil society to use the Rule of Law Checklist to objectively assess respect for the rule of law.
(To read the entire document, click here.)
Please click here for more information on the results of the PACE session.

CCBE Training Conference, 14 December 2017, Brussels

October 3rd, 2017 § 0 comments § permalink

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Registration for the conference has now been opened.

All information on the conference, including the conference programme, can be obtained here.

CCBE adopted statement on professional secrecy / legal professional privilege

October 2nd, 2017 § 0 comments § permalink

In response to infringements in several member countries which are jeopardising the confidentiality attached to the relationship between clients and their lawyers, the CCBE adopted at its Standing Committee on 15 September 2017, a statement on professional secrecy / legal professional privilege. The CCBE emphasises that – contrary to a common misconception – the relationship of professional confidentiality, is intended not to protect lawyers but to protect their clients only. Once a client consults a lawyer, they have the guarantee that what they have said to their lawyer will be protected by professional secrecy / legal professional privilege and remain confidential. It would be impossible for lawyers to provide such advice or representation if the client, for fear of betrayal of that essential precondition of confidentiality, withholds information from his lawyer. Without confidentiality, there cannot be a fair trial and without a fair trial the rule of law is at stake. Confidentiality is one of the cornerstones of individual freedom in a democratic society

Find the statement here (EN) (FR).