Lawyers for Lawyers (L4L) welcomes the European Commission’s initiative to develop a Civil Society Strategy. We strongly support its aim to create a comprehensive framework at both EU and Member State levels to protect and empower civil society actors. We particularly value the Strategy’s commitment to strengthening meaningful engagement, addressing the shrinking civic space, and protecting human rights defenders, including lawyers, who uphold EU values.
Why Lawyers Matter for Civic Space
Civil society organizations (CSOs) are vital for democracy, the rule of law, and fundamental rights. Lawyers play a unique role within this ecosystem:
- They provide legal assistance to CSOs and vulnerable communities.
- They challenge restrictive laws, abusive litigation, and unlawful surveillance.
- They ensure access to justice, fair trial rights, and accountability for state and non-state actors.
- Without the independence and security of lawyers, civil society cannot function effectively.
Key Challenges Lawyers Face in Europe
Our research and documentation show a troubling increase in threats to lawyers across the EU, ranging from harassment to physical attacks. The consequences extend far beyond the profession — they weaken access to justice and erode democratic governance.
The main challenges include:
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SLAPPs and Legal Harassment: Abusive lawsuits drain resources and silence lawyers defending environmental and human rights causes.
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Surveillance: Breaches of lawyer-client confidentiality undermine fair trial rights, as seen in spyware scandals.
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Stigmatization and Threats: Lawyers face smear campaigns, political attacks, death threats, and physical violence.
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Exile and Displacement: In several jurisdictions, lawyers are forced into exile, depriving societies of defenders.
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Misuse of Counter-Terrorism Laws: In some Member States, vague definitions of terrorism have criminalized legitimate legal work and advocacy.
Gaps in the Current EU Framework
While the EU has taken important steps – including the Anti-SLAPP Directive (2024/1069) and long-standing Guidelines on Human Rights Defenders – these measures remain insufficient. Crucially:
- Lawyers are still rarely recognized as a distinct group of human rights defenders, despite their unique risks and responsibilities.
- Protection mechanisms exist for HRDs abroad, but no equivalent internal EU mechanism safeguards those at risk within the Union.
- ECtHR jurisprudence confirms that harassment of lawyers strikes at the heart of democratic society, underscoring the urgency for targeted protection.
Our Recommendations
To make the Strategy truly effective, we urge the EU to:
- Support and promote the Convention on the Profession of Lawyer (Council of Europe, March 2025), establishing binding protections for lawyers’ independence and security.
- Strengthen EU instruments, ensuring civil society inputs (including lawyers’ voices) are systematically integrated into the Rule of Law Report and related frameworks.
- Prevent misuse of anti-terrorism and migration laws, ensuring these are consistent with fundamental rights and international standards.
- Protect exiled human rights lawyers in Europe, providing legal, financial, and institutional support, in line with findings from the Mapping Paper on HRD protection in Europe.
Lawyers are indispensable for protecting civic space and enabling CSOs to thrive. The EU Civil Society Strategy presents a historic opportunity to recognize their essential role, close existing protection gaps, and reinforce democratic resilience across Europe.
Lawyers for Lawyers stands ready to continue working with EU institutions, Member States, and civil society partners to ensure that the Strategy delivers on its promise.
