The Council of Bars and Law Societies of Europe (CCBE) – which claims to represent more than 1 million lawyers in 31 countries – said today that is was ‘alarmed’ by the EU Council’s 8 June proposal, which deviates from an original plan set out by the Commission.

Eroding rights

‘The CCBE strongly calls on the European Parliament and the member states to stop attempts at eroding the fundamental right of citizens to confidentiality and equally calls on the Commission to uphold its earlier proposal,’ said a CCBE statement.
Of prime concern is that the Council’s proposal would ‘justify states derogating from the confidentiality of communication between a suspect or accused person and his/her lawyer.’ The organisation suggests that the plan would breach principles of fair trial and of the right to privacy under Article 8 of the European Convention on Human Rights (ECHR).

Confidentiality

The CCBE president, Austrian lawyer Marcella Prunbauer-Glaser, said: ‘The unrestricted confidentiality of communication with a lawyer is a fundamental right of any European citizen when consulting a lawyer. It is of fundamental concern that this principle be maintained, and in particular in an EU Directive that aims to protect the rights of citizens’
The CCBE has also reminded member states that the Directive will need to conform to fundamental rights as defined in the ECHR and through relevant case law. ‘The CCBE hopes that MEPs are aware of these threats and will be given a strong mandate to uphold the fundamental rights of citizens in the forthcoming negotiations with the Council, in accordance with the initial intention of the Commission’, added Ms Prunbauer-Glaser.