On 12 May 2025, the Council of Europe officially adopted the Convention for the Protection of the Profession of Lawyer. On 13-14 May, on the occasion of the meeting of Council of Europe Foreign Ministers in Luxembourg, at least 17 countries already signed the Convention. This landmark treaty marks the first binding international instrument dedicated solely to safeguarding the independence, safety, and essential role of lawyers in upholding the rule of law. In the interview below, originally published in the Dutch Advocatenblad, Judith Lichtenberg—special advisor to the Lawyers for Lawyers (L4L) board and its former executive director—reflects on the importance of this Convention, her involvement in its development, and what it means for legal professionals across Europe.
‘European Convention provides backing for lawyers’
By Trudeke Sillevis Smit for Het Advocatenblad
Judith Lichtenberg was closely involved in the creation of the European Convention for the Protection of the Profession of Lawyer. “It comes at a crucial time,” she says.
The first treaty focused on the protection of the legal profession has become reality: on 13 March, the Council of Europe adopted the European Convention on the Protection of the Profession of Lawyer.
This was urgently needed, says Judith Lichtenberg, who participated in the drafting process on behalf of Lawyers for Lawyers (L4L) as an observer. “The number of countries where lawyers face difficulties is growing, and it’s happening closer to home. Back in 2017, when the first proposal for such a treaty emerged, we were mostly thinking of countries like Ukraine, Türkiye, and to some extent Hungary and Poland. But since then, lawyers have also been threatened in places like Greece. In the UK, politicians have labelled lawyers who represent asylum seekers as ‘activists’ or ‘lefty lawyers’. One asylum lawyer was threatened with a knife; a staff member was injured. You can never prove a direct link, but this kind of rhetoric creates a climate where people feel emboldened to act violently.”
In the Netherlands, the legal profession is also under pressure. Lichtenberg: “Aggression against lawyers is on the rise, and it’s important that the government responds appropriately. That did happen after the murder of Derk Wiersum: the Prime Minister, the Minister of Justice, and the mayor spoke out in the strongest terms, and measures were introduced to enhance lawyers’ security and resilience. But it’s clear we must remain vigilant. These times show that the rule of law cannot be taken for granted. The Convention arrives at a pivotal moment and sends a clear message.”
The Convention emphasizes the fundamental role that lawyers and their professional associations play in upholding the rule of law, Lichtenberg explains. “The Preamble states that lawyers play a vital role in the functioning of the rule of law, in ensuring access to justice, and in the exercise of rights and freedoms. The treaty clearly establishes that lawyers can only fulfil their duties if they can operate safely and independently. That also means politicians shouldn’t undermine lawyers by, for example, claiming they just drag out legal proceedings, or by attacking them for defending unpopular clients—as is happening now in the United States.”
Although Lawyers for Lawyers held observer status, this did not mean merely watching from the sidelines, Lichtenberg emphasizes. “We participated on equal footing and played the devil’s advocate alongside other NGOs. We know the tactics used by states that make life difficult for lawyers. Countries where the legal environment is good often cannot imagine that disciplinary proceedings can be misused to obstruct lawyers’ work—but we’ve seen many examples. This led to a provision ensuring that lawyers suspended or disbarred in violation of the Convention’s rules remain protected under the treaty.”
This Convention is the first binding legal instrument in this area. The individual rights it guarantees can ultimately be appealed to the European Court of Human Rights. Until now, only soft law existed—such as Council of Europe recommendations and the United Nations Basic Principles on the Role of Lawyers. What does the Convention add? “It’s more comprehensive in several areas,” Lichtenberg says. “For instance, freedom of expression—already enshrined in the European Convention on Human Rights—is now formulated specifically in relation to lawyers and placed in the context of their profession and professional organizations. And regarding those organizations, the Convention not only reaffirms their independence and self-governance but also outlines their duties and obliges state parties to ensure they can carry out those duties.”
Could the Convention help save the underfunded Dutch legal aid sector, which is at risk of collapse? “The Convention’s core aim is to ensure safety and independence. But it does also articulate the right of professional organisations to speak out about threats to the rule of law and make proposals in response. That could certainly apply to legal aid.”
States must also involve professional organisations early and meaningfully in any proposals that impact the legal profession or the functioning of their organisations. Lichtenberg: “Think of the anti-money laundering legislation (Wwft), which affects lawyer–client confidentiality.” And the asylum law proposals from Minister Faber? “Those concern asylum seekers’ access to justice, so the legal profession absolutely has a role to play.”
Lichtenberg views the Convention as a powerful support tool for professional organizations—not just to speak out at home, but also to show solidarity internationally. “We can learn from one another—how to prevent the rule of law from being eroded, and how to intervene if it is. We saw that recently when Amsterdam’s legal triangle sounded the alarm in De Telegraaf about threats to the rule of law in the Netherlands. That also happened because colleagues in Poland had emphasized how important it is to speak out early. The Convention explicitly states that professional organizations should be able to cooperate with each other and with intergovernmental organizations and NGOs.”
The Convention will enter into force once at least eight countries sign it, including six Council of Europe member states. Not all current governments are strong defenders of the rule of law—does Lichtenberg anticipate difficulties? “The Committee of Ministers has approved it, so the next step should follow. I hope it happens quickly.”
The original publication is available in Dutch here.
