The Council of Europe’s Convention for the Protection of the Legal Profession—a treaty designed to defend lawyers from violence, intimidation, and state interference—has faced a prolonged standstill due to an impasse created by the EU Commission. Although Germany formally endorsed the agreement in January, its full implementation remains impossible until the EU itself approves it, a step Brussels has yet to take despite mounting pressure from legal bodies.
German and French bar associations have grown increasingly frustrated by the delay. In June, the Bundesrechtsanwaltskammer (BRAK), the Deutscher Anwaltverein (DAV), and three French legal organizations sent a joint letter to EU Commission President Ursula von der Leyen. The letter highlighted the absence of any proposed timeline or draft legislation submitted to the EU Council for consideration.
Currently, 34 countries have signed the convention, but it requires eight ratifications, including six from EU member states, for it to take legal effect. Germany, which signed in Strasbourg earlier this year, has not yet ratified the treaty, and the Bundesjustizministerium has not introduced the necessary domestic legislation to do so.
EU Commission blocks ratification over legal conflicts
The primary barrier is the Commission’s insistence on full EU participation before allowing member states to proceed. Brussels intervened late in the treaty’s development, arguing that certain provisions conflict with EU jurisdiction. As a result, the Commission demands that the entire bloc join before individual nations can ratify. Legal disputes, particularly over lawyer-client privilege in EU Court cases and protections for EU officials in international tribunals, remain unresolved, delaying any formal accession proposal.
In September, the Council of Bars and Law Societies of Europe (CCBE) received a response from Despina Vassiliadou, the Commission’s director for procedural criminal law. She acknowledged ongoing reviews but stated that the Commission was “actively working” toward submitting proposals to the EU Council by “early autumn.” By late October, however, no such proposals had emerged.
Legal groups privately express frustration, though public statements have softened. Christian Lemke, vice president of the BRAK, called the delay “deeply frustrating” in June. The BRAK’s Brussels office claims the Commission has “reiterated its support” and continues drafting proposals. The DAV’s Eva Schriever urged patience, stating that they hope the Commission’s commitments will soon lead to action. The Bundesjustizministerium similarly adopted a cautious tone, affirming only that it “supports swift entry into force” without addressing the underlying obstacles.
Deadlines missed, treaty’s future hangs in balance
With the “early autumn” deadline now passed and no progress reported, the treaty’s future remains uncertain. The Commission’s review process continues, while member states, including Germany, are legally prevented from ratifying until Brussels acts.
In mid-September, the EU Commission confirmed through its Generaldirektion Justiz und Verbraucher (DG JUST), led by Vassiliadou, that three key legal questions must be addressed before proposals can be submitted. These include defining the scope of lawyer-client privilege under EU law, its application in cases before the Court of Justice of the European Union, and whether the convention’s protections extend to EU officials in international tribunals. Vassiliadou’s letter to CCBE President Roman Završek stressed that until these issues are resolved, no draft proposals could be presented to the EU Council. The Commission had previously committed to submitting its proposals by “early autumn,” but this deadline was not met.