Direito da União
CCBE
2022-09-03 / 12:07
CCBE
Conselho das Ordens de Advogados da Europa
The Council of Bars and Law Societies of Europe / Le Conseil des barreaux européens
13-05-2022
Estatutos do CCBE: revisão da sessão plenária de 13 de maio de 2022
CCBE Statutes. As revised at the CCBE Plenary Session on 13 May 2022, 15 p.
I. Name
An international non-profit making association is hereby formed, to be named "COUNCIL OF BARS AND LAW SOCIETIES OF EUROPE" (CCBE), and in the languages of the states of its members as follows: (...)
Portugal | Conselho das Ordens de Advogados da Europa
II. Seat
The seat is located in the Brussels-Capital Region. The Standing Committee may transfer the seat at any time to any other place in the Brussels-Capital Region. Notification of that decision must be published in the "Moniteur belge".
III. Objects and activities
a) Objects
The CCBE is an international non-profit making association and its objects are:
1. To represent the member Bars and Law Societies, whether full, affiliate, associate or observer members, on all matters of mutual interest relating to the exercise of the profession of the lawyer, the rule of law and the proper administration of justice, as well as important developments in the law and jurisprudence, both at a European and international level, and the European courts.
2. To act as a consultative and intermediary body amongst its members, whether full, affiliate, associate or observer members.
3. To act, on behalf of its full members, as a consultative and intermediary body of the institutions of the European Union and the European Economic Area on all matters of mutual interest as listed under 1. above.
4. To act as a consultative and intermediary body between its members, whether full, affiliate, associate or observer members and the Council of Europe and other international organisations on all matters of mutual interest as listed under 1. above.
5. To monitor actively the defence of the rule of law, the protection of the fundamental and human rights and freedoms, including the right of access to justice and protection of the client, and the protection of the democratic values inextricably associated with such rights.
b) Activities
The activities that the CCBE aims to pursue to realise its objects are in particular:
- the organisation of the work of the Plenary Session, the Standing Committee, the Presidency and the Finance Committee,
- the setting up of Committees and Working Groups of experts dealing with matters referred to them related to the objects and activities of the CCBE,
- the organisation, promotion and financing of conferences and training events, - the organisation of meetings and discussion panels,
- contacts and dialogue with European and non-European Bars as well as with European and international institutions and courts,
- the setting up of databases and libraries, and conducting research, - the publication of any written documents or communications, in particular articles, comments, analyses, position papers, press releases, statistics, proposals for legal or regulatory texts,
- external and internal communications,
- enhancing administrative cooperation between Bars and Law Societies to ensure the free exercise by lawyers of their profession,
- facilitating the Bars and Laws Societies in their efforts to protect lawyers in regard to violations of their rights.
The CCBE is entitled to undertake all steps in connection directly or indirectly with its objects. Further, it is entitled, in connection directly or indirectly with its objects and in accordance with legal and statutory provisions, to acquire or dispose of personal or real property, to conclude contracts, and accept any donations, inter vivos or testamentary.
In its activities and in its internal organisation, the CCBE adheres to the principles of political and economic independence, sustainable development, respect of legal traditions, and diversity and inclusion.
IV. Members
a) Full members
1. Conditions and rules of admission, exclusion and resignation
The founders of the CCBE together with the organisations which are representative of the profession of lawyer, recognised as such by the authorities of the respective Member State of the European Union or the European Economic Area or the authorities of the Swiss Confederation, which are designated to form a national delegation in accordance with its national rules and are admitted in such capacity by the Plenary Session according to Article VII b), shall be the full members.
The Plenary Session may exclude a full member in accordance with the provisions of Article VII b), after having duly invited and permitted the member to present its arguments. The exclusion will have immediate effect as from the date on which the Plenary Session has voted on the exclusion.
A full member may resign at any time, by written notification delivered to the Secretariat at the latest six months before the end of the ongoing financial year. Any resignation has effect as of the first day of the next financial year.
The full member who has resigned or has been excluded has no rights to any assets of the association, is not entitled to be reimbursed any part of the subscriptions paid and must pay the subscriptions that have been fixed for the financial year in which its resignation is tendered, or exclusion has been decided.
2. Grouping of the full members in national delegations
The full members are grouped in national delegations, each of which shall be composed of a maximum of 6 individuals. Delegations, when nominating their members, shall adhere to the principle of diversity and inclusion.
Each delegation shall nominate a Head of delegation whose nomination shall be notified in writing to the Secretary-General.
Each delegation shall also nominate an Information Officer who shall be responsible for all communications.
b) Associate and observer members
1. Associate members
The associate members are the organisations which are representative of the profession of lawyer recognised as such and designated by the competent authorities of the respective State, member of the Council of Europe, which is in official negotiations in view of its accession to the European Union, and which have been admitted as such by the Plenary Session according to Article VII b).
The associate members may attend meetings of the Plenary Session and the Standing Committee without a right to vote and be represented by no more than two individuals.
An associate member shall nominate a person who shall be responsible for all communications.
An associate member may be excluded by the Plenary Session in accordance with the provisions of Article VII b), after being convened and permitted to present its arguments. The exclusion will have immediate effect as from the date on which the Plenary Session has voted on the exclusion.
An associate member may resign at any time by written notification delivered to the Secretariat, at the latest six months before the end of the ongoing financial year. Any resignation has effect as of the first day of the next financial year.
The associate member who has resigned or has been excluded has no rights to any assets of the association, is not entitled to be reimbursed any part of the subscriptions paid and must pay the subscriptions that have been fixed for the financial year in which its resignation is tendered, or exclusion has been decided.
2. Observer members
The observer members are the organisations which are representative of the profession of lawyer in a Member State of the Council of Europe, and which have been admitted as such by the Plenary Session according to Article VII b).
The observer members may attend meetings of the Plenary Session and the Standing Committee without a right to vote and be represented by no more than two individuals.
An observer member shall nominate a person who shall be responsible for all communications.
An observer member may be excluded by the Plenary Session in accordance with the provisions of Article VII b), after being convened and permitted to present its arguments. The exclusion will have immediate effect as from the date on which the Plenary Session has voted on the exclusion.
An observer member may resign at any time, by written notification delivered to the Secretariat at the latest six months before the end of the ongoing financial year. Any resignation has effect as of the first day of the next financial year.
The observer member who has resigned or has been excluded has no rights to any assets of the association, is not entitled to be reimbursed any part of the subscriptions paid and must pay the subscriptions that have been fixed for the financial year in which its resignation is tendered, or exclusion has been decided.
The capacity of observer member implies compliance with these statutes and the adoption of the CCBE Code of Conduct.
c) Affiliate members
Full members which no longer qualify as organisations which are representative of the profession of lawyer, recognised as such and designated to form a national delegation by the authorities of each Member State of the European Union or the European Economic Area or the authorities of the Swiss Confederation may, unless the Plenary Session decides otherwise at a meeting of the Plenary Session following the date upon which the above criteria are no longer met, be offered either a change of membership to the proper category or a new category on terms and conditions set by the Plenary Session. The concerned member will be offered the opportunity to present its view, including on the possibility to change its membership into another category or a new category. If the member in question does not accept a change of membership, this member will automatically cease to be a member of the CCBE by the end of the year the decision is taken by the Plenary Session.
With respect to full members which are in the above situation, the Plenary Session is entitled to create the new category of affiliate members, which are entitled to attend and participate in the meetings of the Standing Committee and the Plenary Session, and will be entitled to a number of votes determined by the Plenary Session by the double qualified majority defined in Article VII b) at the time of admission of such affiliated member. The Plenary Session can define a list of decisions on which such affiliate member is not entitled to vote because of its interests which do not coincide with the interests of organisations which are representative of the profession of lawyer which are recognised by Member States of the European Union and the European Economic Area.
The Plenary Session may require that affiliate members from one country are grouped in a national delegation. Such delegation shall nominate a Head of delegation whose nomination shall be notified in writing to the Secretary-General, and shall furthermore nominate an Information Officer who shall be responsible for all communications. In such event, the affiliate members of such national delegation
will attend the meetings of the Plenary Session through the appointed representatives of such national delegation.
Affiliate members, when nominating the members of their delegation, shall adhere to the principle of diversity and inclusion.
In the event that the affiliate member has not been authorised by the Plenary Session to form a national delegation, it will be entitled to participate in its own name in the meetings of the Standing Committee. In the event that it forms part of a national delegation, it will be represented in the Standing Committee by the Head of its delegation, or another member of the national delegation designated by them.
In the event that the affiliate member is not part of a delegation, it will cast its votes in accordance with Article VII in its own name and, in relation to any other provision of Article VII, such affiliated member will be considered to be a delegation.
In the event that the affiliate member is not part of a delegation, the Plenary Session will decide on the amount of subscription of such affiliate member in accordance with Article V b) 5.
V. General assembly or Plenary Session
a) Composition
The general assembly, called the "Plenary Session", shall comprise the full members present at a meeting grouped as national delegations. In addition, affiliate, associate and observer members may attend through their appointed representatives.
The bureau assists the Chair in the organisation of the meeting. The bureau of the meeting of the Plenary Session is composed of the Secretary-General and/or any other person designated by the President, or, in the absence of the President, by the Vice-Presidents.
b) Powers
All the powers necessary for the implementation and performance of the objects of the association shall be vested in the Plenary Session.
The following powers are solely within the jurisdiction of the Plenary Session and may not be delegated:
1. the approval of the budget and of the accounts;
2. the modification of the statutes;
3. the dissolution of the association;
4. the annual election of the President and the Vice Presidents;
5. fixing the amount of the subscriptions of each national delegation, associate and observer member on the basis of the advice of the Finance Committee;
6. the admission and the exclusion of full, affiliate, associate or observer members, the creation, defining the rights and obligations of a membership category and a change of a membership category;
7. the adoption of internal management rules;
8. the election of the Chair and the members of the Finance Committee.
c) Meeting rules
The Plenary Session shall meet at least once a year, convened by and chaired by the President, or, in the absence of the President, of one of the Vice-Presidents, at the place indicated in the notice of the meeting which may be given by any means in conformity with Article VII f).
The Secretary-General and the associate and observer members and any other person invited by the President may attend the Plenary Sessions but may not vote.
The Standing Committee can decide, or give the power to the President, to authorise to participate electronically in meetings of the Plenary Session. Whenever travelling or meeting physically is not possible or not permitted, it may be decided to have the Plenary Session by electronic means. The electronic means used for the meeting must permit deliberation and voting on the topics on the
agenda and to reply to questions of participants in real time. The notice of such meeting will indicate the electronic means which will be used to such effect. The rules of the participation by electronic means will be made available on the website of the CCBE.
d) Procedures
The quorums, the rules and conditions of voting, the necessary majorities, the notifications and all the other rules in relation to the functioning of the Plenary Session are listed in Article VII.
VI. Standing Committee
a) Composition
The association shall be administered by a Standing Committee composed of as many members as there are delegations, the President and the three Vice-Presidents. The members of the Standing Committee shall be the Heads of delegation, or another member of the national delegations designated by them.
b) Powers
The Standing Committee shall have all powers of management and administration except those reserved to the Plenary Session. The Standing Committee may delegate certain specified and limited powers to one or more persons.
c) Meeting rules
All meetings of the Standing Committee shall be convened by the President, and shall be chaired by the President, or, in the President’s absence, by one of the Vice-Presidents, at the venue indicated in the notification, which may be given by any means.
The Secretary-General and any person invited by the President may attend the meetings of the Standing Committee, without the right to vote.
Meetings of the Standing Committee can be organised with electronic means, which permit deliberation and voting on the topics on the agenda and to reply to questions of participants in real time. The notice of such meeting will indicate the electronic means which will be used to such effect.
The rules of the participation by electronic means will be made available on the website of the CCBE.
d) Procedures
The quorums, rules and conditions of voting, required majorities, notifications and all the other rules in relation to the functioning of the Standing Committee are listed in Article VII.
A member of the Standing Committee may, in case of absence, by email or in writing to the Secretariat prior to or during the meeting, designate another member of the Standing Committee to participate and vote on behalf of such member. A member cannot vote and represent more than one other member in a meeting.
e) Urgent decisions taken by electronic mail
Where, as a consequence of events external to the CCBE, the President considers that a decision of the Standing Committee is urgent and therefore required before the next meeting, the decision may be taken by means of electronic voting by delegations, unless any delegation objects within the timeframe set by the Secretariat. The quorums, rules and conditions of voting, required majorities, notifications and other rules listed in Article VII shall apply to decisions taken by means of electronic voting. A delegation which does not vote shall be held to have abstained but not to have objected to the decision being taken by means of electronic voting.
No decision on the purchase of real property can be put to an electronic vote.
VII. Procedural rules
a) Weighting
The present, full and affiliate members have a number of indivisible votes allocated to their delegation as follows:
Austria 06 votes
Belgium 07 votes
Bulgaria 06 votes
Croatia 05 votes
Cyprus 03 votes
Czech Republic 07 votes
Denmark 06 votes
Estonia 03 votes
Finland 05 votes
France 18 votes
Germany 18 votes
Greece 07 votes
Hungary 07 votes
Iceland 03 votes
Ireland 06 votes
Italy 18 votes
Latvia 03 votes
Liechtenstein 02 votes
Lithuania 04 votes
Luxembourg 05 votes
Malta 03 votes
Norway 06 votes
Poland 12 votes
Portugal 07 votes
Romania 10 votes
Slovak Republic 05 votes
Slovenia 03 votes
Spain 18 votes
Sweden 06 votes
Switzerland 06 votes
The Netherlands 07 votes
United Kingdom 09 votes
New full members shall be allocated a number of votes as decided by the Plenary Session when taking a decision on their membership application.
The votes of each delegation shall be cast by the Head of delegation, or by the duly appointed representative of the Head of delegation.
b) Voting rules according to subject matter
The following decisions shall be adopted by double qualified majority, as defined hereafter, either by the Plenary Session or the Standing Committee, in accordance with their respective powers:
a) decisions setting policy frameworks and strategies, b) the suspension of a delegation's votes, c) the modification of the statutes, d) the admission or the exclusion of members, e) the dissolution of the CCBE, f) the election of the President, the Vice-Presidents and the Chair of the Finance Committee, g) the adoption of the budget, the fixing of the subscription for each member, and h) the approval of the accounts on the basis of the advice of the Finance Committee.
If there are two candidates or more for the election of the President, Vice-President or Chair of the Finance Committee, and if none of them has obtained a double qualified majority in the first round, a second round shall take place between the two candidates having obtained the highest number of votes. In the second round, the candidate having obtained the simple majority of votes is elected. After
each round, the number of votes obtained by each candidate shall be announced to the Plenary Session and the results of the two rounds shall be minuted.
If two candidates receive the same number of votes, the candidate having obtained votes from the larger number of delegations shall be preferred.
All other decisions, including those relating to the day-to-day administration and the appointment of the Secretary-General, shall be taken by way of a simple majority vote.
Double qualified majority means cumulatively:
(i) a number of valid votes equal to or greater than 2/3 of the votes cast, and
(ii) the approval of at least 2/3 of the delegations that have cast a valid vote.
Simple majority means a number of votes greater than half of the votes cast.
The majority is calculated by disregarding blank, invalid votes, and abstentions.
c) Quorum
The Standing Committee shall deliberate validly only if at least half of the delegations disposing of their votes are present or represented.
The Plenary Session shall deliberate validly only if at least two-thirds of the delegations disposing of their votes, consisting of or comprising at least two-thirds of the votes, are present or represented. In the event that at least two-thirds of the delegations comprising two-thirds of the voting rights are not present at any Plenary Session, a new Plenary Session shall be convened, which shall deliberate validly notwithstanding the number of delegations present or represented and/or the number of votes present or represented.
d) Representation rules
A delegation may be represented at the Plenary Session by another delegation in possession of a written proxy which shall be handed over to the Secretary-General.
A delegation may not hold more than one proxy.
e) Suspension of the votes
At the beginning of each Plenary Session or Standing Committee meeting, the delegations or the members of the Standing Committee may decide to suspend the votes of any delegation which has not paid in full its subscription due for the current year or the previous years.
f) Notification
Notice of the meeting of the Plenary Session or the Standing Committee shall be sent not later than 15 days before the meeting and shall include the agenda. As a consequence of extraordinary events, the President on their own initiative or at the request of at least five delegations may at any time with not less than seven days written notice call for a meeting of the Plenary Session or Standing Committee. A call shall include the agenda.
g) Agenda
No decisions may be taken on an item which is not on the agenda. The agenda shall be set by the President. Any delegation may request that an item be put on the agenda of the next meeting provided that any such request shall be made at least 10 days before that meeting. If that time limit is not adhered to, the inclusion of any item for decision not included in the notice, is subject to the unanimous approval of all the delegations or members of the Standing Committee present or represented at the meeting.
h) Protection of the minority
In the event that any decision taken with a double qualified majority is to be subject to external publication or communication (including to the Bars and Law Societies of the European Union as enlarged by the EEA), any dissenting delegation may require that its opinion or its reasoned abstention be published or communicated at the same time and in the same manner as the decision itself.
i) Minutes of the decisions
All decisions, either of the Plenary Session or the Standing Committee, shall be communicated to each delegation, and recorded in registers kept by the Secretary-General who will place them at the disposal of the members, for consultation purposes at the seat of the association.
VIII. Presidency
a) Composition
The President shall be elected for a term of one year beginning on the 1st of January. The Plenary Session shall elect the President from among the Vice-Presidents. If no Vice-President is available for election, then the President shall be elected from among the members of the delegations.
The Plenary Session shall elect for the same term as the President, three Vice-Presidents to be referred to as the First Vice-President, the Second Vice-President and the Third Vice-President. The First and Second Vice-Presidents shall be elected from among the Vice-Presidents and the members of the delegations. The Third Vice-President shall be elected from among the members of the delegations.
Delegations, when nominating and electing a member to the Presidency, should seek to ensure that gender balance is achieved in the composition of the Presidency.
While exercising the functions of President or Vice-President, such officers shall not be members of a national delegation.
Should the office of President be vacated for any reason, the First Vice-President shall assume the position of acting President and shall remain eligible for election for the following year.
b) Powers
The President, or, in the President’s absence, one of the Vice-Presidents, shall direct the association,
preside over its meetings and represent it in its dealings with third parties. The Vice-Presidents shall
exercise any function assigned to them by the association or by the President, including the coordination of the work of committees and working groups, and reporting to and advising the President
with regard to their work.
IX. Committees and working groups
a) Finance Committee
The Finance Committee (i) advises the Presidency and/or the Plenary Session and Standing Committee in financial matters of the association (ii) reviews and provides guidance to the Presidency and the Secretariat on the budget and the annual accounts for the purpose of submission by the SecretaryGeneral to the Plenary Session (iii) and follows the execution of the budget. The Finance Committee consists of at least three and at most eight members, one of whom shall be the Chair. The Chair and the other members of the Finance Committee shall be elected, for a term of two years in accordance with Article V b) 8. and VII b) which may be renewed for up to two further periods of two years, but the total period of a person’s membership of the Committee shall not exceed six years.
The members of the Finance Committee shall possess the relevant expertise to fulfil their task. The
Chair shall be elected from among the members of the national delegations.
Delegations, when nominating and electing a member to the Finance Committee, should seek to
ensure that gender balance is achieved in the composition of the Finance Committee.
b) Statutes Committee
The Plenary Session may establish a Statutes Committee which is entrusted with advising the Plenary Session on (i) any conflicts of interest with respect to a delegation raised by another delegation in respect of a decision of the Standing Committee, and (ii) the interpretation of these statutes or any internal regulations. The internal regulations of such a Statutes Committee will be presented for approval to the Plenary Session.
c) Other committees and working groups
The President may establish such other committees and working groups as the President considers useful and may appoint any person to be the Chair or Vice-Chair of a committee or working group. The Chairs and Vice-Chairs of committees and working groups shall be appointed for a term of two years which may be renewed for up to two further periods of two years, without prejudice to the right of
the President to change the Chair whenever necessary.
Delegations, when nominating candidates for Chairs and/or appointing members of the committees and working groups, should adhere to the principle of diversity and inclusion.
d) Conflict of interest
The committee Chairs and Vice-Chairs, as well as the members of the Finance Committee, in the exercise of their functions, ensure that the principles defended by the CCBE and the defence of its interests are respected. They shall avoid any situation of conflict of interest of any kind.
When a member of a delegation, committee or working group has been delegated to express a CCBE position, the appointed person must, if they have personal opinions to express at the same time, indicate that these only reflect their personal point of view.
X. Secretary-General
a) Nomination of the Secretary-General
The Secretary-General shall be appointed by the Standing Committee. The Secretary-General shall be paid such remuneration as may be agreed by the Standing Committee upon the recommendation of the Finance Committee.
b) Powers
Without prejudice to what is provided in Article VI b), the Secretary-General shall undertake the daily management of the association under the supervision of the President and the Vice-Presidents and the representation of the CCBE before the European institutions and internationally.
Daily management includes the power to carry out all acts and take all decisions which are required for the day-to-day business of the CCBE and the acts and decisions which because they are of minor interest or urgent do not require a decision of the Standing Committee, including the power to represent the CCBE within daily management towards third parties. Within daily management, the Secretary-General can delegate powers to employees or other persons, including to represent the CCBE within the limits of such powers.
XI. Finances
a) Subscriptions
All CCBE members shall pay a subscription, the amount of which shall be fixed annually by the Plenary Session having considered the recommendation of the Finance Committee.
The percentage of the total subscription to be paid by any member shall reflect the proportion of the total votes held by that member.
Exceptions to this rule may be made by the Plenary Session taking into account the following:
• The number of lawyers entitled to practise in each Member State;
• The GNP of each Member State;
• The population of each Member State.
The amount of the subscription of each delegation fixed in respect of any year shall remain in effect until the Plenary Session approves a new budget or a change of the size of the subscriptions.
b) Finances
The financial year starts on the 1st of January and will end on the 31st of December of each year.
On the basis of the recommendation of the Finance Committee, the Plenary Session shall adopt an annual budget, approve the accounts of the previous year and discharge the members of the Standing Committee, the President and Vice-Presidents.
The Finance Committee shall ensure that proper accounts are kept and shall each year verify the income, expenditure and balance sheet to the first Plenary Session after the closing of the accounts.
XII. Representation of the association
All decisions binding on the association shall (except in case of special proxy) be signed by the President or by one of the Vice-Presidents, and those concerning the daily management of the association, by the Secretary-General, who shall not be obliged to furnish evidence of the powers by which they do so.
However, the President may only represent the association in the signature of an act of purchase or sale of real property or a right in real property, as well as of credit or mortgage, with the explicit authorisation of the Plenary Session or the Standing Committee.
All proceedings involving the association, either as plaintiff or defendant shall be conducted by the Standing Committee represented by the President or by one of the Vice-Presidents.
XIII. Bye-Laws
The Plenary Session shall adopt Bye-Laws to facilitate the operation of these statutes.
XIV. Amendments of the statutes, dissolution and liquidation
The Plenary Session may only deliberate on an amendment to the statutes of the association if at least two-thirds of delegations whose votes have not been suspended, comprising at least two-thirds of the votes, are present or represented. However, if the meeting is not attended by at least two-thirds of the delegations comprising two-thirds of the votes, a new Plenary Session shall be summoned, which
will rule validly notwithstanding the number of delegations or the number of votes present or represented.
The same rules apply in case of dissolution of the association. After the payment of the debts of the association, its assets shall be assigned to another association which will make use of them for purposes as far as possible similar to the objects of the CCBE.
Any decision to dissolve or liquidate the association must be made by a Plenary Session. When a member leaves the association, that member shall have no entitlement to any of the assets of the association.
XV. Conciliation
In the event of a dispute in a State represented at the CCBE which affects the legitimacy of representation of a national delegation or of an affiliate, associate or observer member, the President, or, in default, the Standing Committee, may appoint a conciliator, whose function will be to mediate between the parties.
The CCBE may offer its resources to mediate in case of conflict concerning deontological rules between CCBE member organisations.
The CCBE may on the same basis arbitrate where the interested parties agree, concerning difficulties arising out of cross-border legal practice.
XVI. General provision
The items not dealt with in the statutes shall be dealt with by the statutory provisions of the Belgian Code on Companies and Associations concerning non-profit making associations, international nonprofit making associations and foundations.
07-01-2021
CCBE: nova presidência em janeiro de 2021
«The new CCBE Presidency has taken office. PRESS RELEASE | 07/01/2021 - Margarete von Galen is the new leader of the Council of Bars and Law societies of Europe (CCBE). Since 1 January 2021, the CCBE has been chaired by Margarete von Galen (Germany) following her election by the CCBE Plenary Session on 27 November 2020. Margarete von Galen has been practising as a lawyer in Berlin since 1983 and as a specialist lawyer in criminal law since 1998. Alongside activities as criminal defence lawyer, she advises on compliance issues and acts as External Ombudsperson for several companies. From 2004 to 2009, she was the President of the Berlin Bar. She has been a judge at the Constitutional Court of the State of Berlin since 2014. In 2008, she joined the CCBE Criminal Law Committee and, from 2015 to 2017, she was a member of the German CCBE Delegation. Her presidency will be supported by James MacGuill (Ireland) as 1st Vice-President, Panagiotis Perakis (Greece) as 2nd Vice-President, and Pierre-Dominique Schupp (Switzerland) as 3rd Vice-President. The President’s interview "Four questions to CCBE President Margarete von Galen". CCBE».
2020
CCBE REFERENCE GUIDE TO ASSIST EU DEFENCE PRACTITIONERS 2020
CCBE REFERENCE GUIDE TO ASSIST EU DEFENCE PRACTITIONERS 2020 - The Council of Bars and Law Societies of Europe (CCBE).Brussels: CCBE, 2020, 40 p.
This Guide aims to provide an overview of EU legislation, case law and tools which aims to assist defence practitioners by providing references to relevant legislation, case law and other relevant material.
The Guide contains information on:
I. Procedural safeguards: Procedural safeguards for suspects and accused persons in criminal proceedings 4
II. European Arrest Warrant: Information on the EAW and EU caselaw from the EU Court of Justice on the EAW 12
III. EU pre and post-trial measures 13
IV. Detention – Criminal Detention Database 14
V. Evidence issues 15
VI. Case Law from the European Court of Human Rights (ECtHR) in the area of defence Rights and links to “Factsheets” summarising European Court of Human Rights case law on a range of issues 17
VII. CCBE Factsheets specifically focussing on Rights of defendants in criminal proceedings and the criminal process in all EU Member States 19
VIII. Charter of Fundamental Rights 20
IX. European Public Prosecutor Office (EPPO) 24
X. CCBE Guides on appearing before the Court of Justice of the European Union in Preliminary Reference Cases and on appearing before the European Court of Human Rights in Strasbourg 26
XI. Conclusion 27
XII. Annex – Example of a Factsheet (referred to in part VII ) 28
17-05-2019
Charter of core principles of the European legal profession & Code of conduct for European lawyers
Charter of core principles of the European legal profession & Code of conduct for European lawyers. The Council of Bars and Law Societies of Europe (CCBE). Brussels: CCBE, 2019, 28 p.
CONTENTS
4 CHARTER OF CORE PRINCIPLES OF THE EUROPEAN LEGAL PROFESSION
6 A COMMENTARY ON THE CHARTER OF CORE PRINCIPLES OF THE EUROPEAN LEGAL PROFESSION
10 CODE OF CONDUCT FOR EUROPEAN LAWYERS
1. PREAMBLE .............................................................................................................. 10
1.1. The Function of the Lawyer in society ...................................................................... 10
1.2. The Nature of Rules of Professional Conduct............................................................. 10
1.3. The Purpose of the Code........................................................................................ 11
1.4. Field of Application Ratione Personae....................................................................... 11
1.5. Field of Application Ratione Materiae ....................................................................... 11
1.6. Definitions ........................................................................................................... 12
2. GENERAL PRINCIPLES............................................................................................... 12
2.1. Independence ...................................................................................................... 12
2.2. Trust and Personal Integrity ................................................................................... 12
2.3. Confidentiality ...................................................................................................... 12
2.4. Respect for the Rules of Other Bars and Law Societies ............................................... 13
2.5. Incompatible Occupations ...................................................................................... 13
2.6. Personal Publicity.................................................................................................. 13
2.7. The Client’s Interest.............................................................................................. 13
2.8. Limitation of Lawyer’s Liability towards the Client...................................................... 13
3. RELATIONS WITH CLIENTS ...................................................................................... 14
3.1. Acceptance and Termination of Instructions.............................................................. 14
3.2. Conflict of Interest................................................................................................ 14
3.3. Pactum de Quota Litis............................................................................................ 14
3.4. Regulation of Fees ................................................................................................ 14
3.5. Payment on Account ............................................................................................. 15
3.6. Fee Sharing with Non-Lawyers................................................................................ 15
3.7. Cost of Litigation and Availability of Legal Aid ........................................................... 15
3.8. Client Funds......................................................................................................... 15
3.9. Professional Indemnity Insurance............................................................................ 15
4. RELATIONS WITH THE COURTS ................................................................................. 16
4.1. Rules of Conduct in Court ...................................................................................... 16
4.2. Fair Conduct of Proceedings ................................................................................... 16
4.3. Demeanour in Court.............................................................................................. 16
4.4. False or Misleading Information .............................................................................. 16
4.5. Extension to Arbitrators etc.................................................................................... 16
5. RELATIONS BETWEEN LAWYERS................................................................................ 16
5.1. Corporate Spirit of the Profession............................................................................ 16
5.2. Co-operation among Lawyers of Different Member States........................................... 16
5.3. Correspondence between Lawyers........................................................................... 17
5.4. Referral Fees........................................................................................................ 17
5.5. Communication with Opposing Parties ..................................................................... 17
5.6. (Deleted by decision of the Plenary Session in Dublin on 6 December 2002) ................. 17
5.7. Responsibility for Fees ........................................................................................... 17
5.8. Continuing Professional Development ...................................................................... 17
5.9. Disputes amongst Lawyers in Different Member States .............................................. 17
18 EXPLANATORY MEMORANDUM
The 2019 edition includes the amendments to the commentary on Principle (g) of the Charter approved by the Plenary Session on 17 May 2019. Responsible editor: Philip Buisseret
The Council of Bars and Law Societies of Europe (CCBE) has as its principal object to represent its member Bars and Law Societies, whether they are full members (i.e. those of the European Union, the European Economic Area and the Swiss Confederation), or associated or observer members, on all matters of mutual interest relating to the exercise of the profession of lawyer, the development of the law and practice pertaining to the rule of law and the administration of justice and substantive developments in the law itself, both at a European and international level (Article III 1.a. of the CCBE Statutes).
In this respect, it is the official representative of Bars and Law Societies which between them comprise more than 1 million European lawyers.
The CCBE has adopted two foundation texts, which are included in this brochure, that are both complementary and very different in nature.
The more recent one is the Charter of Core Principles of the European Legal Profession which was adopted at the plenary session in Brussels on 24 November 2006. The Charter is not conceived as a code of conduct.
It is aimed at applying to all of Europe, reaching out beyond the member, associate and observer states of the CCBE. The Charter contains a list of ten core principles common to the national and international rules regulating the legal profession.
The Charter aims, inter alia, to help bar associations that are struggling to establish their independence;
and to increase understanding among lawyers of the importance of the lawyer’s role in society; it is aimed both at lawyers themselves and at decision makers and the public in general.
The Code of Conduct for European Lawyers dates back to 28 October 1988. It has been amended three times; the latest amendment took place at the plenary session in Oporto on 19 May 2006. It is a binding text on all Member States: all lawyers who are members of the bars of these countries (whether their bars are full, associate or observer members of the CCBE) have to comply with the Code in their cross-border activities within the European Union, the European Economic Area and the Swiss Confederation as well as within associate and observer countries.
These two texts include a commentary for the first one, and an explanatory memorandum for the second one.
It is unnecessary to emphasise the importance of the set of norms set out in these two documents, which are the basis of the deontology of the European legal profession, and which contribute to shaping the European lawyer and the European bar.
31 January 2008
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CCBEInfo - The newsletter of European Lawyers
2019-2022
CCBE Infor # 88 (June - September 2020). - SPECIAL FOCUS: 60th anniversary of the CCBE [PDF, 31 p.]
CCBE Infor # 87 (March -April 2020). - SPECIAL FOCUS Impact of COVID-19 om Justice [PDF, 19 p.]
CCBE Info # 86 (January - February 2020. - CCBE STANDING COMMITTEE IN VIENNA [PDF, 10 p.]
CCBE Info # 85 (November - December 2019). - SPECIAL FOCUS HUMAN RIGHTS: Threats to the Legal Profession [PDF, 24 p.]
CCBE Info # 84 (September 2019). - CCBE Standing Committee in Copenhagen. New European Commission Democracy, the rule of law and fundamental rights - Spotlight on European lawyers: Romana Orlikowska-Wrońska [PDF, 9 p.]
CCBE info # 83 (July - August 2019). - Special Edition - Eu Elections: Results - Eu Top Jobs 2019 - Joint CCBE – FBE Conference: “Self-Regulation & Quality in the Legal Profession” – 25-10-2019 in Lisbon - CCBE Conference: “The Modernisation of European Company Law” – 27-11-2019 in Brussels - 2019 Three Bar Meeting - G7 of Lawyers In Paris [PDF, 9 p.]
CCBE Info # 82 (June 2019). - Reforma Processual do TEDH: a perspetiva do CCBE. Newsletter. The Council of Bars and Law Societies of Europe (CCBE)/ Le Conseil des barreaux européens (CCBE). Home.
CCBE Info # 81 - April/May 2019 - CCBE Plenary Session in Porto - The CCBE Manifesto for the 2019 European elections - Conference in Bucharest: e-Justice – Challenges and Opportunities in the Digital Era - “e” meets justice conference - Defence of the defenders: European lawyers urge the Turkish government to end the persecution of lawyers - EU - China Human Rights Dialogue - German Bar Association elects its new President
CCBE Info # 80 - March 2019 - Future of the European Court of Human Rights - CCBE makes recommendations on the protection of fundamental rights in the context of national security Legal services in Europe - CCBE submitted a response to the Commission’s consultation on the EU’s implementation of the Aarhus Convention in the field of access to justice in environmental matters - CCBE’s PECO committee meeting with the Azerbaijan Bar - CCBE meeting with the Fundamental Rights Agency (FRA) - 1 March 2019, Vienna - Migration: Reform of the Return Directive.
CCBE Info # 79 - The CCBE standing committee: director of the EU Agency for Fundamental Rights, Michael O’Flaherty’s speech - Attacks on lawyers highlighted in the European Parliament - European Convention on the Profession of Lawyer: A guarantee for the proper administration of justice and the respect of the Rule of Law - International rules for cross-border access to e-evidence: CCBE urges the commission to postpone negotiations with the U.S. and the Council of Europe - Code of Conduct for lawyers under GDPR adopted in Slovakia - Procedural safeguards - The Finnish Bar Association celebrates its centenary - Effectiveness of access to justice in environmental matters, and how the EU has implemented the Aarhus Convention - Anti-money laundering – Supranational Risk Assessment (SNRA) - CCBE Committee chairs.
CCBE-Info # 78 - January 2019 - New CCBE Presidency for 2019 - The CCBE’s recent activities in the context of e-evidence and e-Justice - The 7th World Congress Against the Death Penalty to be held in Brussels from 26 February to 1 March 2019 - Finnish Bar Projects for 2019 - “Advokatsamfundet” celebrates its 100th anniversary - Day of the Endangered Lawyer.
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OUTRAS PUBLICAÇÕES DO CCBE
20-12-2020
THE EUROPEAN COURT OF HUMAN RIGHTS: Questions & Answers for Lawyers
Brussels: Council of Bars and Law Societies of Europe, 2020, 24 p.
This guide is directed at lawyers intending to bring a case before the European Court of Human Rights (“the Court”). Nonetheless, this practical guide offers only key information. It cannot replace reference to the relevant primary documents, in particular those available on the website of the Court (www.echr.coe.int), the case law of the Strasbourg bodies, and general literature on the law of the European Convention on Human Rights (“the Convention”)
27-11-2020
Orientação do CCBE sobre o uso de ferramentas de trabalho remoto por advogados e processos judiciais remotos
CCBE Guidance on the use of remote working tools by lawyers and remote court proceedings - The Council of Bars and Law Societies of Europe (CCBE), 27 November 2020, 9 p.
In this paper the CCBE wishes to provide lawyers with some guidance on the use of remote working tools and on the conducting of remote court proceedings.
25-10-2020
Dia Europeu dos Advogados | CCBE
«About European Lawyers Day
In 2014, the CCBE introduced the idea of coordinating an annual Europe-wide event that would encourage its member bars and law societies to organise national and local activities based around a central theme to promote the rule of law, and a lawyer’s role in upholding its legal principles, to citizens. European Lawyers Day celebrates the common values of lawyers and their intrinsic role in the defence and promotion the rule of law, as well as their contribution to the justice system.
European Lawyers Day programmes and activities are organised by national and local bars, or any person or group working with a national or local bar (bar members, courts, law schools and students, youth groups, and community organisations) that would like to educate the public on the crucial role of the rule of law and the legal process in protecting citizens’ rights. Each member bar and law society is asked to encourage its members to organise events, publish educational material and/or conduct other programmes that promote citizens’ awareness of the European Lawyers Day theme.
European Lawyers Day 2020
The 2020 edition of European Lawyers' Day (ELD) will focus on the theme: "Continuity of justice and respect of human rights in times of pandemic". The COVID-19 pandemic has had a considerable impact on the functionning of Justice systems in Europe. The measures taken to fight the pandemic have affected access to justice, legal services, lawyers and human rights more generally. Such a crisis situation could happen again in the future. European Lawyers' Day 2020 will be an opportunity to highlight the different challenges raised in the event of a pandemic, such as digitalisation of justice, access to justice, procedural safeguards, surveillance issues, etc. Bars and Law Societies are invited to organise events in their respective countries to give the greatest possible visibility to this day.
European Lawyers Day Poster (pdf)
European Lawyers Day Handbook (pdf) - 9 MB – 14 p.
CONTENTS
Foreword. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Essential information about European Lawyers' Day. . . . . . . . . . . . . . . . . 5
- Purpose
- Date
- Theme: “Continuity of justice and respect of human rights in times of pandemic”
- Activities
- Resources
- Contact
Information about the theme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
- Design a resilient justice
- Human Rights in the time of pandemic
Promoting your activities and events:
#EuropeanLawyersDay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
COUNCIL OF BARS AND LAW SOCIETIES OF EUROPE https://www.ccbe.eu/actions/european-lawyers-day/ ».
«Em 2014, o CCBE iniciou a coordenação anual de uma efeméride ao nível Europeu que incentivasse as ordens e os seus membros a organizar atividades, a nível local e nacional, sobre um tema central para promoção do estado de direito e do papel do advogado na defesa dos seus princípios junto dos cidadãos. O Dia Europeu do Advogado celebra os seus valores comuns, a inerente missão na defesa e promoção do estado de direito, bem como a sua contribuição para o sistema de justiça. (...). Nesse sentido, o CCBE divulgou no seu sítio, um manual acerca do “Direito ao patrocínio no processo penal e em especial no acesso a advogado pelo arguido detido” ao qual poderá aceder emhttps://www.ccbe.eu/actions/european-lawyers-day. Por ocasião do Dia Europeu do Advogado, a 25 de Outubro, o CCBE e a FBE realizam em Lisboa umaConferência Conjunta subordinada ao tema “Auto-regulação e Qualidade na Advocacia” [referência histórica sem ligação disponível]. O evento terá lugar no Centro Cultural de Belém e trará a oportunidade de reforçar junto dos participantes o papel e a importância da auto-regulação para a independência da advocacia, bem como discutir a interacção entre a regulação e a qualidade na profissão.PORTAL DA ORDEM DOS ADVOGADOS» | 25-10-2019.
20-02-2020
CCBE Considerations on the Legal Aspects of Artificial Intelligence. - Brussels: CCBE, February 2020, 36 p.
Council of Bars & Law Societies of Europe | Guides_recommendations/EN_ITL_20200220_CCBE
17-05-2019
CCBE’s Charter of Core Principles of the European Legal Profession
«Amendments to the commentary on Principle g) of the CCBE’s Charter of Core Principles of the European Legal Profession approved. - The proposed amendments to the commentary on Principle g) of the CCBE’s Charter of Core Principles of the European Legal Profession, which addresses the lawyer’s professional competence, were approved by the Plenary Session on 17 May 2019. Considering the use of artificial intelligence (AI) and other relevant technologies by lawyers, a new sentence has now been added to the commentary on Principle g) of the Charter stating that a lawyer should be aware of the benefits and risks of using relevant technologies in his or her practice. Moreover, some further changes were made to the original text of the commentary.
# Charter of core principles of the European legal profession & Code of conduct for European lawyers. - Brussels: CCBE, May 2019, 28 p.
The 2019 edition includes the amendments to the commentary on Principle (g) of the Charter approved by the Plenary Session on 17 May 2019. The Council of Bars and Law Societies of Europe (CCBE)
02-12-2016
Statutes of the Council of Bars and Law Societies of Europe
Statutes of the Council of Bars and Law Societies of Europe. As adopted at the CCBE Plenary Session in Brussels on 2 December 2016 / Statuts du Conseil des barreaux européens. Tels qu’adoptés lors de la session plénière du CCBE à Bruxelles du 2 décembre 2016
CCBE - Conseil des barreaux européens - La voix de la profession d'avocat en Europe, Rue Joseph II, 40/8 – 1000 BRUXELLES | Tel : 32 (0)2 234 65 10 | Email : ccbe@ccbe.eu