The principles and guarantees applicable to advocates

Recommendation 2188 (2020)

Author(s):

Parliamentary Assembly

Origin

Text adopted by the Standing Committee, acting on behalf of the Assembly, on 23 October 2020 (see Doc. 15152, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Aleksandr Bashkin).

1. The Parliamentary Assembly refers to its Resolution 2348 (2020) on the principles and guarantees applicable to advocates.

2. The Assembly welcomes the Committee of Ministers’ constructive initial response to its call in Recommendation 2121 (2018) on the case for drafting a European convention on the profession of lawyer and takes note of the ongoing work of the European Committee on Legal Co-operation on its feasibility.

3. The Assembly reiterates its call on the Committee of Ministers to proceed with the drafting and adoption of a legally binding instrument as a priority and underlines the call made in its Recommendation 2121 (2018) to establish a platform for the protection of advocates from any interference with the exercise of their professional activities.

4. The Assembly reminds the Committee of Ministers of the need for legislative provision of the right to a fair trial by creating conditions of equality between prosecution and defence in adversarial proceedings, as well as guaranteeing the safety of advocates, along with other participants in judicial proceedings (including judges, investigators and prosecutors), in the exercise of their professional activities.