Brussels, 20/06/2012 (Agence Europe) - On Wednesday 20 June, the Council of Bars and Law Societies of Europe (CCBE) deplored in a press release the partial agreement reached on 8 June by the European justice ministers on proposals relating to access to a lawyer. On 8 June, ministers had agreed on a compromise opening the way to talks with the European Parliament but the terms of the compromise are highly criticised by the CCBE, which considers that the compromise is dramatically short of the standards set by the jurisprudence of the European Court of Human Rights (ECHR) which it is supposed to reflect. It above all reproaches member states for foreseeing the possibility that states may derogate from the principle of confidentiality of communications between a suspect or a person charged and his/her lawyer. In a statement, Spain, Italy and the Commission had stated that they were opposed to any such derogation but that this was not enough to block the Council's “deal”.
The CCBE considers that “this is a wholly erroneous approach which undermines the rule of law and fundamental rights of citizens and would result in a breach of principles of fair trial and of the right to privacy under Article 8 of the ECHR”. CCBE President Marcella Prunbauer Glaser said: “The unrestricted confidentiality of communication with a lawyer is a fundamental right of any European citizen when consulting a lawyer” and that it is fundamental that this principle be maintained. The ECHR has on several occasions pointed out the importance of communication confidentiality between a suspect and his/her lawyer to ensure a trial is fair. The CCBE reminds member states that “if it is to have any value, the directive will need, as a minimum, to conform to fundamental rights as defined in the ECHR and the relevant case law. 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.” On 8 June, Commissioner Viviane Reding, despite reserves expressed in the joint declaration, had welcomed the progress made in the Council and the fact that discussions had begun with the EP. (SP/transl.jl)