November 8

AEA-EAL President delivered speeches in Tbilisi

Maria Ślazak, AEA-EAL President participated as a speaker in 7th International Conference of Lawyers organized by the The Georgian Bar Association (GBA) in partnership with the Council of Europe as a part of celebrations of the anniversary of 100 years of the GBA.Apart from addressing the assembly of lawyers, Maria delivered a presentation on key aspects of independence of legal profession and of their professional unions. It is worth to mention that also Jędrzej Klatka, our member from Katowice, Poland, and Chair of the Foreign Affairs Committee of the Polish National Bar of Attorneys at law, made a presentation on interrelationship between the use of social networks by Advocates and their ethical obligations in the context of freedom of expression.

The conference took place on November 8, 2019.

November 7

Market Access and Market Fragmentation - today in Bern

Today’s AEA-EAL panel of experts on Market Access and Market Fragmentation – Unilateral and Agreed Standards gathered top experts, legal practitioners, governmental officials, ambassadors and top management of several sectors of Swiss industry.

Presentations of speakers will be available soon on our website

October 21

7 November - Market Access and Market Fragmentation - AEA-EAL Conference in Bern

What?

Market Access and Market Fragmentation – Unilateral and Agreed Standards

Where?

Bern, Switzerland

When?

November 7, 2019

What about?

Market access is a precondition for international trade and open national economies. In practice, market access may be used to describe very divergent forms of market openings. Market access may be provided unilaterally or through bilateral or multilateral arrangements including standards, “equivalency requirements” or free trade agreements. Market access agreements may also vary in the integration, which they should achieve between the respective economies. In October 2018, the AEA-EAL organised a highly successful conference on the legal parameters of market access in Europe and beyond. Building
on this positive milestone, the AEA-EAL and its Swiss partners want to invite you to the 2nd Market Access Conference
on 7 November 2019. The topics addressed will include, but will not be limited to, unilateral and multilateral standard setting.

Download program and registration for the event:

Program of the Forum

Conference fee: 150 CHF

October 12

Meet speakers of the Legal Business Forum (II)

Please find below information on speakers delivering presentations in the 2nd Panel of the Legal Business Forum in Łódź on October 18. The title of the panel is: New technologies and IT tools in legal practice. You may register for the event here.

October 12

IBA-Europe-Caucasus-Asia Forum 2019

The Forum will gather managing partners, heads of practice, in-house lawyers, and other senior practitioners coming from, or interested in, the ECA region.

Apart from discussion of cutting-edge issues of the legal market and profession, the event will offer a wonderful cultural and social programme.

TOPICS INCLUDE:
– Legal challenges of investing in Caucasus and Central Asia
– Navigating investment risks in times of uncertainty: Russia, Ukraine, Belarus and Moldova
– International Clients Service – what does it mean to work with globally active clients?
– Environment in the legal profession – unfair HR practices
– How do we foster a more equal, diverse and inclusive legal profession?
– Burnout of lawyers: something unavoidable?
– M&A transactions in the ECA region
– New world – new tax
– Dispute resolution in the region

More information and registration is available here.

October 10

7th International Conference of Advocates

The Georgian Bar Association in partnership with the Council of Europe is delighted to host International Conference of Advocates for the seventh consecutive year. The Conference will take place in Tbilisi – a multi-ethnic, multi-cultural, multi-religious city on the crossroads of history which attracts visitors since 5th century AD when it became the capital city of Georgia and which represents a nice blend of both East and West.

The Conference will focus on the issue of “the Role of Bar Associations and Law Societies in Effective Administration of Justice” and it will showcase the presentations of Council of Europe experts on European standards and presentations of Bar leaders on country perspectives concerning the following areas:

– Key aspects of independence of legal profession and of their professional unions;
– Importance and the ways of effective cooperation among Bar, Judiciary and Prosecution;
– Interrelationship between the use of social networks by advocates and their ethical obligations in the context of freedom of expression.

The best practices will be analyzed and compiled in a joint working document which will be shared with all the participants and subsequently published for further guidance and reference for the benefit of the profession of lawyer in the countries concerned.

Further information and registration are available here.

September 26

Meet Speakers of the Legal Business Forum (I)

Please find below information on speakers delivering presentations in the 1st Panel of the Legal Business Forum in Łódź on October 18. The title of the panel is: Technological change and professional practice. You may register for the event here.

September 20

I International Forum of Law Offices in Wrocław

Aleksandra Siewicka – Marszałek, AES-EAL Secretary General, represented our Association during the I International Forum of Law Offices in Wrocław, organized by the Foreign Affairs Commission of the Wrocław Bar of Attorneys-at-Law. Aleksandra presented the AEA-EAL and its activities focusing on our networking role and gathering lawyers from various countries and jurisdictions.

September 18

AEA-EAL signes the statement on Philippines

The AEA-EAL, together with other international organizations of lawyers, bar associations and law societies, issued a Statement THE PHILIPPINES: ATTACKS AGAINST LAWYERS ESCALATING. We call the administration of President Duerte to stop any attacks and harassments against lawyers and to secure the true independence of the profession.

Please find below the statement for download in pdf as well as ready for reading as picture.

Philippine Statement September 2019 final

September 18

Legal Business Forum, October 17 - 19, 2019, Łódź, Poland

MiBox

Organized in the “Polish Manchester”, industrial XIX century city of Łódź Legal Business Forum had the aim to show a practical implementation of new technologies in our daily work. We focused on such topics as digital transformation in law offices, impact and making use of concrete IT tools like blockchain, smart contracts, etc. in the light of changing professional practice, predictive justice or Artificial Intelligence and robotics in law and regulations. Our priority was to present very practical innovation and technologies and its influence on performing legal profession and business.

MiBox

Fantastic first panel on technological change on legal services market brought three perspectives: from a legal practitioner, from a bar association and from a legaltech start-up.

MiBox

Second panel on new technologies and IT tools in legal practice showed us a case of an phishing attack on a law firm and its consequences, a look into smart contracts as well as how AI may help lawyers not replacing them.

MiBox

Third panel on AI and human rights gave us overview on serious issues connected: shall AI be a subject of human rights? How to attribute rights to it? And many many more!

MiBox

The fourth panel was a combination of presentations and discussions between lawyers and business on supporting each other in the reality of technology and economy.

MiBox

The fifth panel on blockchain technology took us into two divided worlds that should become one in future: world of lawyers and world of IT specialsts.

MiBox

The audience was not only listening to the speakers but discussed lively during the breaks

MiBox

And hosts of the event:

MiBox

Maria Ślazak – AEA-EAL President

MiBox

Grzegorz Jerzy Wyszogrodzki – Dean of the Łódź Bar of Attorneys-at-law

MiBox

Aleksandra Grocholska – Jankowska – Vice-Dean of the Łódź Bar of Attorneys-at-law

MiBox

Anna Kaczyńska – Member of the AEA-EAL Young Lawyers Committee

Download program and conference presentations:

Legal Business Forum programme

Anna Atanasow

Amirali Nasir panel 3

Amirali Nasir panel 5

Damian Klimas

Dominik Lubasz

Jacek Harasimowicz

Jakub Barwaniec

Jędrzej Klatka

Maciej Krasowski

Marcin Jan Wachowski

Maria Dymitruk

Maria Ślązak

Valentine Hollier Roux

More photos are available on our Facebook

September 7

Tbilisi Legal Forum, September 6-7, 2019

It was wonderful to be in Tbilisi again and to make such a great event – Tbilisi Legal Forum – together with the Georgian Bar Association and Hong Kong Law Society.

With 100 participants (Georgia, Belarus, Azerbaijan, Ukraine, China etc.) – among others 20 lawyers from Poland coming from our collective members – Białystok Bar of Attorneys-at-law and Gdańsk Bar of Attorneys-at-law , this conference was devoted to important issues connecting lawyers and entrepreneurs: business climate and investment regulations in Hong-Kong, China and Georgia, One Belt One Road Initiative and its legal aspects, setting up the procedure between participating parties to assist business community in their countries, to find a proper lawyer when investing/trading, information on principles of performing legal services by foreign lawyers, etc. The event took place in the framework of the Memorandum of Understanding signed between the Georgian Bar Association and the Hong Kong Law Society. Similar memorandum has been signed between the HK Law Society and the Regional Bar of Attorneys-at- Law in Gdańsk, who was also participated in the Forum.


photo by Jacek Klimowicz

We welcomed many distinguished speakers and guests, among others Natela Turnava – Minister of Economic Development of Georgia, Nikoloz Alavidze – Deputy Minister of Economic Development of Georgia, Davit Aptsiauri, General Director of the Georgian Chamber of Commerce and Industry; Special Representative of Georgian Government in the new Belt and Road Project, Anna Chernyshova – Deputy Resident Representative of UNDP Georgia, Nino Bakakuri – Judge, Supreme Court of Georgia, Irakli Lekvinadze – Business Ombudsman of Georgia, David Asatiani – President of the Georgian Bar Association, Melissa Pang – President of the Law Society of Hong Kong, Maria Slazak – President of the European Association of Lawyers, Stephen Hung – Past President and Council Member of the Law Society of Hong Kong, Wu Jian – All China Lawyers Association, Council of the Shanghai Bar Association, Mikheil Khidureli – CEO Enterprise Georgia, Levan Vepkhvadze – Executive Director of Business Association of Georgia, and Iamze Legashvili – Chair of the Dispute Resolution Center (DRC).

Conference presentations (for download)

Melisa Pang – 1

Melisaa Pang – 2

Mikheil Khidureli

Shi Jun

Stephan Hung – 1

Stephan Hung -2

Wu Jian

August 15

Summer Newsletter 2019

Dear AEA-EAL Members,
Dear Colleagues,

Please find attached the summer issue of our Newsletter.

We pay your particular attention to the forthcoming conference East – West Economic Cooperation: Tbilisi Legal Forum. Registration for this event is now available through the website
https://www.tbilisilegalforum.com/.

Your AEA-EAL Team

Newsletter summer 2019 EN

***

Chers membres de l’AEA-EAL,
Chers collègues,

Veuillez trouver ci-joint le numéro d’été de notre bulletin.

Nous accordons une attention particulière à la prochaine conférence COOPÉRATION ÉCONOMIQUE EST-OUEST: FORUM JURIDIQUE DE TBILISI. L’inscription à cet événement est désormais disponible sur l’site Web https://www.tbilisilegalforum.com/.

Votre AEA-EAL Team

Newsletter summer 2019 FR

***

Уважаемые члены AEA-EAL!
Уважаемые коллеги,

Пожалуйста, приложите новый выпуск нашего информационного бюллетеня.

Мы обращаем ваше особое внимание на предстоящую конференцию ВОСТОЧНО-ЗАПАДНОЕ ЭКОНОМИЧЕСКОЕ СОТРУДНИЧЕСТВО: ТБИЛИССКИЙ ЮРИДИЧЕСКИЙ ФОРУМ. Регистрация на это событие теперь доступна через наш сайт https://www.tbilisilegalforum.com/.
Ваша команда AEA-EAL

Newsletter summer 2019 RU

***

Członkowie AEA-EAL
Drodzy koledzy i przyjaciele,

W załączeniu przesyłamy letni numer naszego Biuletynu.

Prosimy o zwrócenie szczególnej uwagi na informację o nadchodzącej konferencji: WSPÓŁPRACA GOSPODARCZA WSCHÓD ZACHÓD: FORUM PRAWNIKÓW W TBILISI. Rejestracja na to wydarzenie jest dostępna na stronie https://www.tbilisilegalforum.com/.

Do Biuletynu załączona jest także informacja o specjalnej ofercie ERA dla polskich prawników oraz raport z realizacji projektu Twinningu Prawników w Gdańsku.

Wasz Zespół AEA-EAL

Newsletter summer 2019 PL

August 15

Special ERA offer for Polish lawyers

Academy of European Law (ERA) in Trier has prepared a special offer of a seminar on Legal Capacity of Persons with Disabilities.

The training is funded by the European Commission. ERA may reimburse cost of travel and accommodation for participants. More information is available in the below flyer (in Polish).

Deadline for registrations: August 25, 2019.

August 15

Tbilisi Legal Forum - conference program

 

East-West Economic Partnership: Tbilisi Legal Forum
6-7 September, 2019

 

September 6

10:30 – 11:00 Welcome Coffee / Registration

11:00 – 11:30 Opening Remarks

  • David Asatiani – Chairman of the Georgian Bar Association
  • Natela Turnava – Minister of Economic Development of Georgia (TBC)
  • Carl Hartzell – Ambassador of the European Union to Georgia
  • Melissa Pang – President of the Law Society of Hong Kong
  • Maria Slazak – President of the European Association of Lawyers

11:30-13:00 Session 1: The Belt and Road Initiative. 

Overview of the Initiative/Investment Opportunities/Prospects of Economic Cooperation/Prospects of Legal Cooperation

  • Wu Jian – All China Lawyers Association, Council of the Shanghai Bar Association
  • Stephen Hung – Past President and Council Member of the Law Society of Hong Kong
  • Nikoloz Alavidze – Deputy Minister of Economic Development of Georgia
  • Maria Slazak – President of the European Association of Lawyers

Discussion and Q&A Session

13:00-14:00 Lunch

14:00-15:30 Session 2: Business and Investment Regulations.

Business Climate and Investment Regulations in Georgia Company registration/Tax regulations/Customs regulations/Free Industrial Zones/Free Trade Agreements between Georgia and China and Hong Kong/EU-Georgia Deep and Comprehensive Free Trade Area/Judicial system and legal proceedings.

  • Mikheil Khidureli – CEO Enterprise Georgia
  • Mariam Kublashvili – Lawyer, Executive Board member of the Georgian Bar Association
  • Irakli Lekvinadze – Business Ombudsman of Georgia
  • Levan Vepkhvadze – Executive Director of Business Association of Georgia

Business Climate and Investment Regulations in China and Hong-Kong. Company registration/Tax regulations/Customs regulations/Free Trade Agreements between Georgia and Chin and Hong Kong/Judicial system and legal proceedings

  • Shi Jun – All China Lawyers Association, Vice Director of Foreign Affairs Committee of Shanghai Bar Association
  • Melissa Pang – President of the Law Society of Hong Kong

Discussion and Q&A Session

15:30-16:00 Coffee Break

16:00-17:00 Session 3: Investment Dispute Resolution.

Commercial mediation as a way of effective resolution of investment disputes

  • Nino Bakakuri – Judge, Supreme Court of Georgia
  • Ph.D. Irakli Kandashvili, Executive Board Member of the Georgian Bar Association
  • Iamze Legashvili – Chair of the Dispute Resolution Center (DRC)

Discussion and Q&A Session

17:00 – 17:10 Day 1 closing remarks

19:00 Gala dinner

September 7

10:30 – 11:00 Welcome Coffee

11:00 – 12:30 Session 4: Legal Cooperation

Importance and the Ways of Cross Border Legal Cooperation Among Legal Professionals and Bar Associations/Law Societies

  • Maria Slazak, President of the European Association of Lawyers
  • David Asatiani, President of the Georgian Bar Association
  • Melissa Pang, President of the Law Society of Hong Kong

Discussion and Q&A Session

12:30 – 13:00 Closing Remarks

  • David Asatiani – Chairman of the Georgian Bar Association

13:00 – 17:00 Wine Tour (for international guests only)

 

Register here

July 8

Video presentations from Edinburgh conference

We are delighted to present video presentations from our conference AI Beyond the Hype: benefits, Challenges and Liabilities that took place in Edinburgh on May 31, 2019. You can watch now speeches delivered during the conference.

Iain Mitchell QC

Professor Burkhard Schafer

Karmen Turk

Professor Timo Minssen

Katherina Miller

Chris Rees

Andrew Katz

Professor Wojciech Wiewiórowski

July 8

Photos from Twinning of Lawyers in Gdańsk

Visit our Facebook to see photos from Twinning of lawyers that took place in Gdańsk on July 5 – 6, 2019. We are delighted to gather lawyers from Asia and Europe including Azerbaijan, Belarus, Georgia, Kazakhstan, Moldova, Poland, Russia, Spain, Ukraine, United Kingdom and Uzbekistan. See the album here
.

June 11

AI Beyond the Hype - summary of the conference

Dear Friends and Colleagues,

It was a great pleasure in meeting you in Edinburgh on an international conference on Artificial Intelligence AI Beyond the Hype – Benefits, Challenges and Liabilities on May 30 – June 1, 2019. The conference was organized by our Association AEA-EAL, the Scottish Society for Computers and Law and the Faculty of Advocates in partnership with British Computer Society and the SCRIPT Centre at Edinburgh University. Topics discussed included: What is AI and why should I care?; AI and legal liability; AI and Fundamental Rights; Towards an Ethical use of AI and AI and licensing issues. The speakers were leading experts, both legal practitioners and academics: Professor Timo Minssen, Director of the Centre for Advanced Studies in Biomedical Innovation Law at the University of Copenhagen; Professor Burkhard Schafer, Professor of Computational Legal Theory and Director of the SCRIPT Centre at Edinburgh University, Katharina Miller, President of the European Women Lawyers Association (EWLA). Andrew Katz, joint editor of the International Free and Open Source Law Review, and a leading expert on software licensing; Chris Rees, the immediate Past President of the British Computer Society, Karmen Turk, advisor to the Estonian Government on AI issues and Iain Mitchell QC, Chairman of the Scottish Society for Computers and Law, Honorary Lecturer in IT Law at Münster University. There were also a video contribution from Wojciech Wiewiórowski, the Assistant Supervisor at the office of the European Data Protection Supervisor. Very interesting presentations, panels and speeches were followed by lively discussions and questions from participants who were truly involved or interested in this fast-moving field. The Conference was a spectacular opportunity to share information and knowledge about AI as hugely important topic as well as was an excellent chance to build an effective platform for communication and cooperation among stakeholders: lawyers, IT professionals and academics.

Please find below links to presentations to be downloaded or streamed:

Presentation Karmen Turk

Presentation Katharina Miller

Presentation Professor Minssen 2

Presentation Professor Minssen

Presentation Professor Schafer

Presentation Andrew Katz

Speech Chris Rees

Sophia
awakens – episode 1

Sophia awakens – episode 2

Iain Mitchell QC

Professor Burkhard Schafer

Karmen Turk

Professor Timo Minssen

Katherina Miller

Chris Rees

Andrew Katz

Professor Wojciech Wiewiórowski

May 13

14 Bar Leaders Conference in Budapest

Our President Maria Ślązak has participated in 14 annual Bar Leaders’ Conference in Budapest organized by International Bar Association. Maria presented outcome of the “Advocates 2018” prepared by the AEA-EAL in cooperation with IBA in Almaty, Kazakhstan on June 15-16, 2018.The conference was very-well welcomed by participants coming from 16 various countries and jurisdictions.

March 2

AEA-EAL on European Presidents Conference in Vienna

Maria Ślązak, President of the AEA-EAL, represented our Association during the 47th Conference of Presidents of European Bars, Law Societies and international organizations of lawyers. This year’s main topic was rule of law and fundamental rights.

During their stay in Vienna, the participants of the Vienna Advocates’ Deliberations are hosted by the Federal Minister of Justice and the Mayor of the City of Vienna. The fact that more than 200 participants from all parts of Europe but also representatives of international lawyers’ organizations attend the European Presidents’ Conference in Vienna, serves as a yardstick for the importance that the Vienna Advocates’ Deliberations have acquired for the legal professions over the years and even decades.

The Vienna Advocates’ Deliberations afford a most appropriate platform, not only for exchanging opinions and views, but also for filling information deficits, debating different viewpoints and developing strategies.

The European Presidents’ Conference has become a forum for dialogue, where the elected representatives of lawyers’ organizations in Europe engage in an exchange of experience. It is this principle of “informality” of the European Presidents’ Conference, together with an attractive social programme, which has proved to be successful for more than a quarter-century, without any interruption.

In addition to the traditional social programme – a welcome evening reception, a reception and gala dinner at the Palais Pallavicini, as well as the “Juristenball” (Lawyers’ Ball) at the Hofburg Palace as a splendid finale – the working session at the Palais Ferstel is at the centre of the Vienna Advocates’ Deliberations.

February 5

International Lawyers Day celebrated across Americas on February 3.

Countries in Latin America as well as in the United States commemorates lawyers’ contribution to the society on February 3 each year, which has been established an International Lawyers Day. This day is commemorated to recognize the hard work of lawyers, their work as rights advocates and in charged with overseeing justice. However, it is also a day to remember the duties of the lawyer as to the application of laws and justice.

Different countries have their own history and day to commemorate lawyers: Ecuador February 20, Chile May 21, Colombia June 22, Venezuela June 23, Paraguay August 2, Brazil August 11, Argentina August 29, Bolivia October 12, USA May 1 (Law Day), among others. Nevertheless, on February 3 of each year all countries commemorate the International Day of the Lawyer.

December 21

Report on Lyon conference

A successful conference on posted workers in Lyon. With a number of engaged participants, top speakers and lively discussions it was one of the best AEA-EAL event organized this year. Thank to Lyon Bar for hosting us in its premises. Thanks to all speakers, participants and organizers for our common success!

EN Lyon report

***
Une conférence sur les travailleurs détachés à Lyon. Avec un certain nombre de participants engagés, des orateurs de premier plan et des discussions animées, ce fut l’un des meilleurs événements AEA-EAL organisés cette année. Merci au Barreau de Lyon de nous accueillir dans ses locaux. Merci à tous les intervenants, participants et organisateurs pour notre succès commun!
see more on our Facebook

PL Raport z konferencji w Lyonie

December 10

Human Rights Day

70 years ago the General Assembly of the United Nations adopted the Universal Declaration of Human Rights. To commemorate this and to promote the human rights and civil liberties worldwide, a Human Rights Day is celebrate on December 10 every year. The AEA-EAL as a member of the Defence of Defenders Network contributes to promoting and protecting human rights.

***

Il y a 70 ans, l’Assemblée générale des Nations Unies a adopté la Déclaration universelle des droits de l’homme. Pour commémorer cela et promouvoir les droits de l’homme et les libertés civiles dans le monde entier, une Journée des droits de l’homme est célébrée chaque année le 10 décembre. L’AEA-EAL, en tant que membre du réseau de défense des défenseurs, contribue à la promotion et à la protection des droits de l’homme.

December 6

Slides from the seminar "Market Access: legal parameters in Europe and beyond"

We share with you slides from the AEA-EAL seminar “Market Access: legal parameters in Europe and beyond”. The event was organized in cooperation with the World Trade Institute as well as with the University of Bern. Speakers were high representatives of the Swiss and Liechtenstein governmental (and other) institutions being involved into access to the Single European Market matters as well as ambassadors of various countries, among the others UK, Ukraine and Mongolia. The aim of the conference was to discuss various ways of access to the EU Markets, to indicate obstacles to such access and their consequences as well as possibilities to avoid them.

Slides for download:

Slides Bollinger

Slides Clifton

Slides Hahn

Slides Maurer

Slides Meister

Slides Rybchenko

Slides Tribelhorn

Slides Weber

Slides Zurkinden

December 5

Statement on future Lawyers' Convention

AEA-EAL and Georgian Bar Association strongly supports the idea of drafting the Convention on a Profession of a Lawyer by the Council of Europe.

Find below our common statement

***

L’AEA-EAL et le Barreau géorgien soutiennent fermement l’idée de la rédaction de la Convention sur la profession d’avocat par le Conseil de l’Europe.

Retrouvez ci-dessous notre déclaration commune (EN)

Supporting_Statement

November 8

Tbilisi - Conference on Modern Legal Profession

A very intensive conference on the Modern Legal Profession held today in Tbilisi together by the Georgian Bar Association (GBA) and European Association of Lawyers (AEA-EAL).


Laurent Pettiti (France), Maria Ślązak (AEA-EAL President, Poland), David Asatiani (GBA President), Christoph von Wilcken (AEA-EAL Vice-President, Germany), Ruppert Wolff (President of the Austrian Bar)


Participants of the Conference


Christoph von Wilcken, AEA-EAL Vice-President


Maria Ślązak, AEA-EAL President

October 27

AEA-EAL workshop in Bern

On October 26, 2018, AEA-EAL and World Trade Institute organized workshop “Market Access: Legal Parameters in Europe and beyond” devoted to various aspects of trade of third parties with the UE. Top experts, politicians and specialists discussed possibilities of market access and its regulations – from general WTO rules to association and possible membership. More detailed relation from the workshop will be available soon.


HE Jane Owen, UK Ambassador to the Switzerland and Liechtenstein, Maria Ślazak, AEA-EAL President, Professor Michael Hahn, Managing Director of the Institut für Europa- und Wirtschaftsvölkerrecht and Professor Philipp Zurkinden, AEA-EAL Past President together with representatives of Swiss Government


Maria Ślązak, AEA-EAL President with Professor Philipp Zurkinden, Chair of the Workshop, Past President of the AEA-EAL

October 21

Conference in Tbilisi

Dear Colleagues,
It is with great pleasure to invite you to the International Conference of Lawyers organized by the Georgian Bar Association in Partnership with the European Association of Lawyers (AEA-EAL) on November 8-9, 2018, in Tbilisi, Georgia.
The work of a lawyer in a globalizing world is becoming more and more complex and challenging. Thus, it is of utmost importance for us – lawyers to stay connected and share our experiences for the benefit of stronger legal profession and rule of law in our countries.

The program of the Conference will explore the following topics:
(1) exclusivity of a lawyer in legal counseling and representation;
(2) Restriction of unlicensed practice of law;
(3) Road towards a European Convention on the Profession of Lawyer being drafted by the Council of Europe;
(4) The standards of entry into the legal profession
(5) Role of the Bar Associations and private lawyers in promotion of pro-bono legal services.

I believe the Conference will be a wonderful occasion not only for your professional development but also for personal enrichment, as it will provide a networking opportunity among successful and highly experienced lawyers from around the globe, international experts, representatives of international organizations, diplomatic circles as well as Governmental institutions.
The Conference will also offer a social program to allow participants to experience Georgian culture, ancient historic sites, food and wine.

Registrations and questions:t.khokhobashvili@gba.ge

See you in Tbilisi!

David Asatiani
President of the Georgian Bar Association
Member of the AEA-EAL Board of Directors

Program of the conference for download: Draft Agenda Tbilisi

beautiful view of Narikala fortress and Tbilisi in Georgia

October 9

AEA-EAL Conference, Lyon, 23.11.2018

(English version below)

Chers membrés de l’ AEA-EAL
Chers Confrères ,
Chers amis,

Au nom du Conseil d ’Administration de l’AEA-EAL j’ai le Plaisir de vous inviter à un évènement particulier de notre Association–une conférence sur « les travailleurs détachés temporaires en Europe. Les aspects légaux, sociaux et économiques » La conférence aura lieu dans la belle ville de Lyon le 23 novembre 2018. Le sujet de notre conférence est vraiment actuel : En juin de cette année le Conseil de l’ Union Européenne approuvait la nouvelle directive sur les travailleurs détachés temporaires. Des discussions sont encore en cours dans de nombreux ; secteurs économique notamment le secteur du transport et de la logistique. Très récemment ,la semaine dernière, certains États membres mettait en cause la Directive en question devant la Cour de Justice de l’ Union Européenne.

Nous accueillerons de nombreux orateurs de très haut niveau avec comme objectif d’avoir une discussion très pratique et concrète. Nous aurons l’honneur d’accueillir Monsieur Antoine Foucher, Directeur du Cabinet de Madame Muriel Penicaud, Ministre des Affaires Sociales. Monsieur Jean Grosset, Questeur au Conseil Économique, Social et Environnemental, Rapporteur de l’avis sur les travailleurs détachés et sur le plan communautaire, Monsieur François Biltgen, Juge à la Cour de Justice de l’Union Européenne.

Outre l’aspect scientifique , cette évènement sera une excellente opportunité pour nous rencontrer ,pour faire connaissance avec des collègues d’autres pays et aussi de découvrir la beauté de la ville de Lyon. Le 22 novembre nous nous rencontrerons à l’occasion d’un dîner informel pour établir des liens et passer un bon moment ensemble. Le vendredi 23 novembre dans la soirée nous aurons une réception et un dîner de gala. Samedi matin nous aurons une réunion du Conseil d’ administration de l’ AEA-EAL à laquelle tous les membres sont invités à participer en tant qu’observateurs, et dans l’après-midi une agréable croisière sur le Rhône et une visite guidée du Musée de la Confluence.

Je vous invite tous cordialement à Lyon souhaitant ainsi des discussions fructueuses ,des rencontres dans une ambiance amicale et la possibilité de connaitre de plus en plus de membres de l’ AEA-EAL.

Avec mes meilleurs sentiments,

Maria Ślązak
Présidente

FORMULAIRE D’INSCRIPTIONLyon programme FR

***

Dear Members of the AEA-EAL,
Dear Colleagues,
Dear Friends,

On behalf of the AEA-EAL Board of Directors I have a pleasure to invite you for a special event of our Association – a conference “Posted workers in Europe. Legal, social and economic aspects”. The conference will take place in a beautiful city of Lyon on November 23, 2018. The topic of our gathering is very actual: in June this year the Council of the European Union approved the new directive on posting workers; still there are ongoing discussions on several sectors like transport and logistics. Very recently – last week – some Member States challenged above-mentioned Directive to the Court of Justice of the European Union.

We will host a number of excellent speakers representing policy-makers, industry, economy and lawyers with the aim to have a very practical discussion. We will have the honor of welcoming Mr. Antoine Foucher, Director of the Cabinet of Mrs. Muriel Penicaud, Minister of Social Affairs. Mr Jean Grosset, Quaestor at the Economic, Social and Environmental Council, Rapporteur of the opinion on posted workers and at Community level, Mr François Biltgen, Judge at the Court of Justice of the European Union.

Apart of the scientific aspect, our event will be an excellent opportunity to meet together, to know colleagues from other countries as well as to see the beauty of the city of Lyon. On Thursday, November 22 we will meet on informal dinner for networking and nice time together. On Friday evening, November 23, a reception and a gala dinner will take place. On Saturday we have will a meeting of the AEA-EAL Board of Directors, for which all AEA-EAL members are invited as observers, and after a nice cruising over the Rhône as well as a guided tour to the Museum will take place.

I cordially invite all of you to Lyon hoping for a fruitful discussions, meeting in a friendly atmosphere and knowing more and more of AEA-EAL members in person.

With my best personal regards,

Maria Ślązak
President

REGISTRATION FORMLyon program EN

September 3

Irish Rule of Law International by Norville Conolly


Some of the IRLI volunteers/ directors outside the office in Lilongwe Malawi August 2018. Left to right Macdara O’Drisceoil, Maya Linstrum Newman, Tyler Holmes, Jolene Quinn, Eithne Lynch and Norville Connolly.

Irish Rule of Law International (IRLI) is a joint initiative of the Law Society of Ireland and the Bar of Ireland as well as the Law Society of Northern Ireland and the Bar of Northern Ireland, dedicated to promoting the rule of law in developing countries on a project-oriented, non-profit basis. IRLI seeks to harness the skills of Irish and Northern Irish lawyers in using the law as a means of tackling global injustice and empowering all people to live in a society free from inequality, corruption and conflict
Originally founded in 2007 by the Law Society of Ireland and the Bar of Ireland, the organisation has collaborated with academics, judges, legal practitioners, policy-makers and civil society around the world to advance collective knowledge of the relationship between rule of law, democracy, sustained economic development and human rights. IRLI was joined in 2015 by the Law Society of Northern Ireland and the Bar of Northern Ireland.
IRLI originated in the recognition of the importance of the rule of law for sustainable development and we believe that members of the Irish legal profession have a significant role to play in strengthening the rule of law and shaping the progress of fragile societies. IRLI has worked and is working in a number of countries for example Malawi.
IRLI has been working in Malawi since 2011, to address capacity challenges within the criminal justice sector with the overall aim of improving access to justice for unrepresented vulnerable persons. As part of this programme, Irish volunteer lawyers are seconded to or positioned strategically alongside the principal institutional actors in the criminal justice system: The Legal Aid Bureau, Ministry of Justice, Office of the Director of Public Prosecutions and the Malawi Police Service. Their work is also supplemented by volunteer lawyers based in Ireland, who provide short term intensive training for partner organisations.
The Malawi team is currently made up of Programme Manager Fran Flood, Programme Lawyers Macdara O Drisceoil, Tyler Holmes, Maya Linstrum Newman and Programme Officer Jolene Quinn. Two further volunteers are currently being recruited to support the team there.
In Malawi there is excessive use of pre-trial detention and the lack of a comprehensive legal aid system, amongst other factors, have resulted in overcrowding in Malawi’s prisons as well as considerably long detention times for prisoners being held on remand. Overcrowding in prisons is a prevailing problem across many nations in Africa, with the practice of holding prisoners on remand compounding the issue. As a result, in some countries a good majority of the prison population is made up of those awaiting trial. By reducing overcrowding, conditions for prisoners improve thus enhancing Malawi’s observance of the human rights of prisoners and remandees.
The poor of Malawi also face physical, financial and language barriers to legal aid. Most live in remote rural areas, live on an income of $1 per day, and do not speak English – the language of the court. With no representation vulnerable Malawians are often held in custody for months, or years, until a trial court acquits or sentences him/her.
In tackling access to justice for the poor, IRLI has sought to implement mechanisms in partnership with local actors to remove obstacles to free legal aid in the short-term (such as capacity constraints and shortage of lawyers) in order to bring about direct change at beneficiary level, while developing systemic, sustainable interventions aimed at providing long-term benefits to the wider criminal justice sector.
IRLI works to build capacity in the criminal justice sector and provide access to justice in the following ways:

 Working closely with advocates and officials in the Legal Aid Bureau to progress cases of remandees and juveniles, with a focus on children, women, the sick, and the elderly.

 Training of magistrates, police officers, social workers, advocates and paralegals in human rights and due process, restorative justice and diversion, case management and client care, as well as the protection of children and young offenders who come in conflict with the law;

 Supporting the Office of the Director of Public Prosecutions to improve case management systems, processing of homicide cases and writing of legal opinions.

 Working with the Malawi Police Service to strengthen diversion programmes in police stations in Lilongwe so that juveniles and first-time offenders of minor crimes are diverted from the already over-burdened prison system;

 Facilitating a Child Diversion Programme in partnership with Chisomo’s Children Club and the Ministry of Gender, Children, Disability and Social Welfare with a focus on reducing recidivism through correctional education;

 Engaging with local Traditional leaders, with the support of the Malawi Police Service and Legal Aid Bureau, to facilitate community legal education workshops to sensitise the broader community about bail rights, diversion, child protection and human rights.

The Malawi programme is funded by Irish Aid and the European Union.

Norville Connolly norvilleconnolly@gmail.com.
Director Irish Rule of Law International www.irishruleoflaw.ie.
Past President Law Society Northern Ireland
Member AEA-EAL (European Association of Lawyers)

August 11

Lawyers' independence

We invite you to read an article on lawyers’ independence written by dr Elisabeth Hoffmann, member of the Board of Directors and Past President of the AEA-EAL.

THE INDEPENDENCE OF LAWYERS AND BARS

Introduction

Lawyers play many vital roles in democratic systems by preserving, protecting and perpetuating the rights of citizens. In order to accomplish their mission, lawyers have essential rights but also significant duties such as.:

– independence of the public authorities
– freedom of speech
– the right not to be identified with their clients or their clients’ causes ;
– the right to legal privilege (professional secrecy) and the duty to safeguard it.

A LAWYER’S INDEPENDENCE

I. The principle of independence

In an impartial and balanced judicial system, lawyers play a vital role as a genuine auxiliary of justice. Their independence defined and protected by ethical rules of the profession, is indeed in the heart of an impartial justice. In their position as auxiliary of justice, lawyers do not organically belong to the public service of justice. They need to be independent . This independence has several aspects:

a) it is an intellectual first: lawyers must remain responsible of the legal arguments and the advices they give. They also need the right to refuse cases contrary to their conscience or likely to impair their independence

b) In order to maintain their independence, they have to keep a financial distance from their clients. For this reason, contingency fees are for example prohibited in the EU and there is a ban on participation in commercial activities.

The code of Conduct of European Lawyers enacted by the European Council of Bars and Law Societies (CCBE), formerly presided by Ms. Maria Slazak, describes under article 2.1 as follows the various implications of the principle of independence :

‘The many duties to which a lawyer is subject require the lawyer’s absolute independence, free from all other influence, especially such as may arise from his or her personal interests or external pressure. Such independence is as necessary to trust in the process of justice as the impartiality of the judge. A lawyer must therefore avoid any impairment of his or her independence and be careful not to compromise his or her professional standards in order to please the client, the court or third parties’.

II. Lawyer’s independence in the European approach

a) Freedom of expression and its limits

There is no justice if the lawyer is not free to speak without constraint and guaranteed by a strong immunity. This freedom of expression is an essential guarantee for the defense of citizen’s rights. In the case Morice v / France, the European Court of Human Rights stated that:
‘Being the cornerstone of a democratic society, freedom of expression had a particular characteristic as regards lawyers, who had to be able to carry on their profession without hindrance; if the use of their speech were to be censored or restricted, the real and effective defense of the citizen would not be guaranteed’ [ECHR case Morice v / France, 23 April 2015, application n° 29369/10 of 7 May 2010). If necessary in a democratic society, freedom of expression of the lawyer may only be exceptionally limited, in order namely to impede the disclosure of information received in confidence (professional secrecy), to prevent the attempts to the reputation or rights of other persons or to the authority and impartiality of the judiciary.

b) Independence of the lawyer vis-a-vis his client

A reference to this kind of independence is made in the Code of Conduct for European Lawyers enacted by CCBE when it states that: ‘A lawyer must therefore avoid any impairment of his or her independence and be careful not to compromise his or her professional standards in order to please the client’. (Article2.1.).

As qualified and trained professionals, lawyers will first of all advise their clients in consideration of applicable laws and become logically ‘the first judge of the case’. Furthermore, their necessary professional and intellectual independence implies that they should never be identified with their client’s causes. This consideration is extremely important due to the tendency, in certain countries, especially in nondemocratic systems, to assimilate clients’ causes with their lawyers in order to jeopardize lawyers’ independence and freedom of speech.

c) Independence in front of the state authorities

In criminal proceedings, lawyers ensure the balance between defendants’ rights and their mission of maintaining public order. They must have the means to oppose the state authorities in order to assure the defense and representation of their clients, without fear for the latter or for themselves. A lawyer should never be subordinated to a political power and may only be controlled by independent self-regulating bodies i.e. Bars and/or the Law Societies. This independence from the State increases indeed substantially the necessary confidence of the client. The client’s rights are, of course, much better protected if he his is represented by a qualified professional who is not submitted to public authorities. Moreover, the respect of the ethical rules enacted by Bars and Law Societies independent from States contributes to reinforce the lawyer’s relationship of trust with his client. In many Member States of the EU, the legal profession successfully defends its ethical rules by letting them recognize by the States. Indeed, self regulation (fixing freely their professional rules and ability to organize and manage the profession) has to be considered as a corollary to the core value of independence.

d) Professional secrecy, a basic element of client’s trust and lawyer’s independence

By combining Articles 8 (right to privacy) and 6 (right to a fair trial) of the European
Convention on Human Rights, the European Court of Human Rights offers an adequate protection of the duty of confidentiality – a principle which is not defined in the texts.

In the case Michaud v / France (ECHR 6 December 2012, application n° 12323/111 of 19 January 2011) the European Court of Human Rights stated that the licit fight against money laundering may not justify the deletion of the lawyers’ right to professional secrecy. It stressed that this right is essential in a democratic system and that the obligation for a lawyer to inform and cooperate with the authorities responsible for the fight against money laundering has to be executed in due consideration of the necessities of the protection of lawyers’ professional secrecy. The 4th EU directive No. 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing applies this jurisprudence by providing that the delivery of the concerned information to the public authorities must be previously submitted to the approval of the competent Bar or Law Society which will decide if this disclosure could jeopardize the protection of professional secrecy.

e) The recent jurisprudence of the EHCR

In a judgment rendered on April 4, 2018 (ECHR, Correia de Matos v / Portugal, 4 April 2018, application n° 56402/12 of 4 August 2012), the European Court of Human Rights has resumed its vision of the essential role played by independent and competent lawyers in the administration of justice. ‘139. The Court reiterates the most important role played by lawyers in the administration of justice. It has frequently referred to the fact that the specific status of lawyers gives them a central position in the administration of justice as intermediaries between the public and the courts and has pointed to the fact that, for members of the public to have confidence in the administration of justice, they must have confidence in the ability of the legal profession to provide effective representation (. . .); 140. That special role of lawyers, as independent professionals, in the administration of justice entails a number of duties, particularly with regard to their conduct, which must be discreet, honest and dignified (. . .) 141 . In Recommendation No. R(2000)21 on the freedom of exercise of the profession of lawyer, the Committee of Ministers of the Council of Europe emphasized that the profession of an advocate must be exercised in such a way that it strengthens the rule of law. Furthermore, the principles applicable to the profession of advocate contain such values as the dignity and honour of the legal profession, the integrity and good standing of the individual advocate, respect towards professional colleagues as well as respect for the fair administration of justice;’

III. No independent lawyer without independent bar.

In the context of the legal profession, in addition to ‘independence of lawyers’, the democratic societies necessarily accept the necessity of the establishment of independent bodies self-regulating the legal profession, i.e. of the ‘independence of the Bar(s)’.

In a recommendation to Member States, the Committee of Ministers of the Council
of Europe has namely stated that:

‘Bar associations or other professional lawyers’ associations should be encouraged to ensure the independence of lawyers and, inter alia, to:
a. promote and uphold the cause of justice, without fear;
b. defend the role of lawyers in society and, in particular, to maintain their honour, dignity and integrity;
c. promote the participation by lawyers in schemes to ensure the access to justice of persons in an economically weak position, in particular the provision of legal aid and advice;
d. promote and support law reform and discussion on existing and proposed legislation;
e. promote the welfare of members of the profession and assist them or their families if circumstances so require;
f co-operate with lawyers of other countries in order to promote the role of lawyers, in particular by considering the work of international organizations of lawyers and international intergovernmental and non-governmental organizations;
g. promote the highest possible standards of competence of lawyers and maintain respect by lawyers for the standards of conduct and discipline’.
[Recommendation R(2000)21, art.V § 4].

IV The relations between lawyers and courts

The actual vision of a valuable relationship between lawyers and courts in a democratic society is properly expressed in the Opinion no. (2013) 16 on the relations between judges and lawyers, issued by the Consultative Council of European Judges (CCJE) on 13-15 November 2013:
‘7. Judges and lawyers must be independent in the exercise of their duties, and must also be, and be seen to be, independent from each other. This independence is affirmed by the statute and ethical principles adopted by each profession. The CCJE considers such independence vital for the proper functioning of justice.
21. The CCJE considers that the relations between judges and lawyers should be based on the mutual understanding of each other’s role, on mutual respect and on independence vis-a-vis each other. The CCJE accordingly considers it necessary to develop dialogues and exchanges between judges and lawyers at a national and European institutional level on the issue of their mutual relations. The ethical principles of both judges and lawyers should be taken into account. In this regard, the CCJE encourages the identification of common ethical principles, such as the duty of independence, the duty to sustain the rule of law at all times, co-operation to ensure a fair and swift conduct of the proceedings and permanent professional training. Professional associations and independent governing bodies of both judges and lawyers should be responsible for this process’.

V Conclusions

Lawyers and their professional organizations have a crucial role in a democratic society founded on the respect of the Rule of the Law and the protection of human rights and fundamental freedoms. Lawyers must be able to work independently and without fear and they deserve therefore special attention by everyone interested in a fair and impartial system of justice. Furthermore, the lawyers’ independence is not conceivable without the establishment of professional independent associations. In every country, lawyers should consequently be entitled to form and join self-governing bodies to represent their interests and protect their professional integrity. These bodies shall cooperate closely with governments and courts to ensure that everyone has effective and equal access to legal services. They should also guarantee that the lawyers may counsel and assist their clients in accordance with law and recognized professional standards and ethics, without improper interference of public authorities.

These core values of the profession are strongly linked and interdependent. They are the basic conditions of democratic society where citizens are entitled to confidence in their political and judicial system in order to ensure their fundamental rights and freedoms.

August 1

AEA-EAL Summer Newsletter 2018

Dear Colleagues,
Dear Friends,

Please find below a summer issue of our Newsletter. You may find information about our activities, in particular on Seminar in Moldova and conference in Kazakhstan, save a date info on our seminars in Bern, Lyon and Gdansk as well as relation from the AEA-EAL General Assembly that took place in Almaty. We also invite you to read an interesting information on recent Judgment of the EU Court of Justice related to Facebook and joint responsible for processing of personal data.

The Newsletter is available in English and French below. Polish and Russian version will be published soon!

AEA-EAL Newsletter ete FR

AEA-EAL Newsletter Summer 2018 EN

July 14

New AEA-EAL Board members

We are pleased to announced that during the last AEA-EAL General Assembly two new Members of the Board of Directors has been elected: David Asatiani, President of the Georgian Bar Association and Andrzej Kaliński, Dean of the Białystok Bar Association, Poland. Congratulations to our new Directors!

We also wish to inform that Patrick Conrad from Belgium has ended his membership in the Board. Thank you Patrick for your work, engagement and devotion for the AEA-EAL that has been shown for years of your activity as the AEA-EAL Director.

July 14

Successful conference in Almaty, Kazakhstan

120 lawyers from 14 countries, 5 moderators and 33 speakers discussed in Almaty in June 15 – 16 on how to improve the quality of legal services in Kazakhstan and in other countries of the Central Asia.

The area covered by the conference topic was very broad therefore conference was divided into six sessions: INDEPENDENCE chaired by Maria Ślązak, AEA-EAL President, CONTINUING LEGAL EDUCATION chaired by Sergiey Sizintzev, Executive Director of the Republican Collegium of Advocates of Kazakhstan, PROFESSIONAL ETHICS chaired by Jędrzej Klatka, representant of the AEA-EAL, chair of the Foreign Affairs Commission of the Polish National Bar of Attorneys-at-law, LEGAL AID, chaired by Jonathan Goldsmith, representant of the IBA and DISCIPLINARY PROCEEDINGS chaired by Norville Conolly, representant of the IBA. The aim of each session was to elaborate recommendations in the respective area on how to improve the quality of legal services in Kazakhstan and in other countries of the region according to international standards established by the United Nations, Council of Europe, IBA and CCBE. Conference recommendations will be available soon.

You can find conference photos on our Facebook:

First
day of the conference

Second day of the conference

June 27

Letter from Anuar Tugel

We received a letter from Mr. Anuar Tugel, Chairman of the Republican Collegium of Advocates of Kazakhstan. You may find the photocopy of the letter below:

June 5

Congratulations to Monique Stengel

We are delighted to announce, That Monique Stengel, Past President of the AEA-EAL, serving currently as member of the Board of Directors, has been elected for the post of the Treasurer of the Federation of the European Bars! With this occasion we wish Monique success with her new duties.

May 4

AEA-EAL workshop for young lawyers in Moldova

AEA-EAL together with Moldavian Young Lawyers Association (MYLA) organized on May 4, 2018 a seminar for young lawyers on European convention on the profession of lawyer (context and need for adoption), view on ethics rules – independence, confidentiality and conflict of interest as well as issues related to management of the law firms. The event took place in Kishinev.

May 3

AEA-EAL President in Romania

On April 20 and 21 Maria Ślązak, AEA-EAL President was a guest of the Bar of Romania on the occasion of celebrating the 100 anniversary of the union between Kingdom of Romania and Transylvania, which was the beginning of the modern state of Romania. Maria, who is also a vice-chair of the PECO Committee of the Council of Bars and Law Societies of Europe (CCBE) – a body responsible for external relations of the CCBE – was a speaker on professional secrecy/privilege of lawyers from a national and European perspective. She was talking about concerns and the steps undertaken within the PECO Committee in regard to complains connected to infringements of this fundamental value of the legal profession, mainly those related to searches of lawyers premises, interception and taping of phone conversation of the lawyer, control of the private correspondence of the lawyer as well as uncontrolled communication between the lawyer and his client.

April 21

Uber vs France

On 10 April 2018, the CJEU C-320/16 ruled that Member States may use criminal law mechanisms to prohibit and penalize the illegal exercise of transport activities offered by the UberPop service, without notifying the European Commission of such legislation.

In the given case, the “tribunal de grande instance de Lille” (Regional Court, Lille, France) asked for a preliminary ruling on whether certain provisions of French law which apply to services such as those offered by Uber, should have been notified to the EC.

Although the central question is partly independent of how Uber’s activities are classified, the CJEU has once again pointed out that a service such as that provided by Uber should be categorized not as an ‘information society service’, but as a ‘service in the field of transport’.

http://curia.europa.eu/juris/liste.jsf?num=C-320/16

March 30

Maria Ślązak awarded

Austrian Federal President Alexander Van der Bellen awarded Maria Ślązak, AEA-EAL President, with the Great Order for Merits for the Republic of Austria. The Order was granted for Maria’s outstanding achievements on a field of supporting and enhancing cooperation of European Bar Associations, and in particular – the Austrian Bar Council and the Polish National Bar of Attorneys at law. The decoration took place in the residence of the Austrian Ambassador in Warsaw dr Werner Almhofer, in presence of many guests from Poland and from abroad, including former President of the Constitutional Tribunal Jerzy Stępień, Chairman of the Nobel Committee Berit Reiss-Andersen, President of the Austrian Bar dr Rupert Wolff, President of the Polish National Bar of Attorneys-at law Maciej Bobrowicz and Vice-President of the AEA-EAL Christoph von Wilcken.

March 20

Anniversary of Jean Pierre van Cutsem

We are proud to inform you that Jean-Pierre van Cutsem, one of the founders of the AEA-EAL and former President of our Association receives an honorary award marking 50 Jubilee of his professional activity as a lawyer. Jean-Pierre served for over half century both for public and Bar’s life as a Chair of Foreign Affairs Committee of the Belgian French-speaking Bar, Professor for many generation of young lawyers and trainees as well as promoter of international cooperation of lawyers in Europe and beyond.

March 20

AEA-EAL on the 46th European Presidents' Conference

On February 8 – 10, 2018 Maria Ślązak, President of the European Association of Lawyers represented our Association as a speaker during the 46th European Presidents’ Conference. AEA-EAL Past Presidents Monique Stengel and Konrad Meingast also participated this event. The convention is the oldest and the biggest summit of the highest representatives of European lawyers. Also, many organizations from the outside of our continent are represented each year in Vienna. During their stay in the capital city of Austria, the participants are hosted by the Federal Chancellor, the Federal Minister of Justice and the Mayor of the City of Vienna. The fact that more than 200 top lawyers are present each year, serves as a proof for the importance the Presidents’ Conference. This meeting is a forum not only for exchanging opinions and views, but also for filling information deficits, debating different viewpoints and developing strategies as well as for informal talks. It is also a tradition that bars, law societies and international organizations of lawyers submits each year reports on their activities and international domestic developments that occurred within the passing year.


Traditional venue of the European Presidents’ Conference – Palais Ferstel

This year the topic was “Self-regulation or heteronomy – lawyers’ independence in danger?”. Maria Slazak was one of four speakers who delivered presentations and was speaking, among others, about international guarantees for Lawyers’ independence and self-government with conclusion that proposed European Convention on a Profession of a Lawyer is more than needed due to the fact that existing legal instruments have non-binding character (resolutions, declarations or recommendations) and the Convention will include an enforcement mechanism also for these Member States, where independence and/ or self-regulation is problematic or threatened. She also underlined that it is crucial for every lawyer to take into account mission of the profession towards citizens and society and not profits only. The presentation was welcomed with great interest from the participants (see below letter from President of the Austrian Bar).

Maria Slazak speaking during the conference

During meetings in Vienna AEA-EAL President met with representatives of several Bars, international organizations of lawyers and institutions, including  Christiane Wendehorst, President of the European Law Institute (ELI).

Maria Slazak and Prof. Christiane Wendehorst, ELI President

She met also with the delegation of Serbian Bar Association, with President and Vice-President of the International Organization of Young Lawyers (AJIA) and with the President of the Kazakhstan Bar Association, with whom a preparation of the common conference in Almaty (June 15-16) was discussed.

Vienna events was closed by a traditional Ball of Lawyers in the Halls of Hofburg Castle. This Ball closes carnival season in the Austrian capital.

March 2

US - UE: Privacy rights

Iain Mitchell QC, AEA-EAL member and chair of the CCBE Working Group on surveillance has been to Brussels to brief MEPs on a submission to the US Supreme Court in a case with potentially major implications for privacy rights. CCBE has filed an amicus curiae brief in a dispute between the US government and Microsoft. The US is demanding disclosure, under the Stored Communications Act (SCA), of emails which are stored outside US territory, in Ireland. Iain contributed substantially to the drafting of the brief.

He said: “The US government claims that seizure by it of personal data and other electronic documents is permitted under the SCA as a ‘domestic’ warrant if the person on whom the warrant is served is able to access the data or other electronic material from the United States, irrespective of where the data is stored.
“This may set up an irreconcilable conflict between US and other laws. For example, for Microsoft to refuse to hand over the data stored in Ireland would, if the US government is correct, place Microsoft in contempt, yet for it to do what the US government requires would put it in breach of EU data protection laws.
“This is concerning in respect to ECHR article 8 rights but is also of particular concern where the material in question is protected by legal professional privilege, both under article 8 and article 6.
“The aim of our brief is to seek to articulate why the CCBE believes that the US government’s analysis is fundamentally misconceived. We see it as a matter of great importance in protecting people’s privacy rights in general, and the right to a fair trial in particular.
“The LIBE (civil liberties, justice and home affairs) Committee of the European Parliament has submitted its own amicus curiae brief and the MEPs were grateful for our intervention.” Source.

February 23

AEA-EAL in Barcelona

On February 23 and 24 our Association participated in events in Barcelona organized by Federation of European Bars and Barcelona Bar Association. AEA-EAL President Maria Ślązak represented us in a traditional Festivity of Sant Raimon of Penyafort and our immediate Past President Monique Stengel represented us in seminar by Barcelona Bar and FBE on protecting and application of the industrial and commercial secrecy.

Information about the Barcelona Bar and FBE seminar

 

Immediate Past President Monique Stengel, Past President Juan Nunez and President Maria Ślązak

 

FBE President prof. Sara Chandler

 

FBE President prof. Sara Chandler and AEA-EAL President Maria Ślązak

 

Beginning of Festivity of San Ramon

February 11

AEA-EAL Conference in Kazakhstan

We invite you for the conference on fundamentals of performing profession of a lawyer, organized by the AEA-EAL together with the Kazakhstan Bar Association and Bar Issues Commission of the International Bar Association (IBA) in Alamaty on June 15 – 16 , 2018. During the conference we will discuss not only such topics like:
· Independence of laywyers and the bar associations,
· Rules of ethics,
· Continuing legal education,
· Structure of legal aid,
· Disciplinary proceedings,
but also make an opportunity for networking between lawyers from Central Asia and Europe as well as to participate in a social program showing the beauty of Kazakhstan.

More information coming soon!

January 31

UNESCO: Holocaust Remembrance and Education: our shared responsibility.

Since 2002, 27th January has been instituted in Europe the international Day of commemoration in Memory of the victims of the holocaust and prevention of crimes against Humanity. In France, this day is dedicated to the memory of all genocides and to the prevention of crimes against humanity.

If this date has been chosen in memory to the date of liberation of the cam in Auschwitz-Brikenau, it has become a date of commemoration but also a day of prevention, specially for young generations to prevent such new crimes.

On January 25, 2018 Monique Stengel, Past President of the AEA-EAL participated in the International Holocaust Remembrance Day, organized by UNESCO under the main title: Holocaust Remembrance and Education: our shared responsibility.

WIth this occasion Mr Robert Badinter, lawyer and professor of law, published an important article in the UNESCO Courier – “Anti-Semitism: Learning the lessons of history”.
.
Our present international actuality shows that, unfortunately, the lessons of the History don’t avoid similar violent acts and violation of human rights, also against lawyers as we could see a few days ago, on 24. January, during the Day of Lawyers in danger.

It is our duty as citizen and our role as lawyer to be watchful and to act to report and act against all sorts of violation against human rights and humanity.

Depuis 2002, le 27 janvier a été instituée en Europe journée de mémoire de l’Holocauste et de prévention des crimes contre l’humanité.
En France, cette journée est intitulée journée de la mémoire des génocides et de la prévention des crimes contre l’humanité.

En effet, si cette date a été choisie comme étant celle de la libération du camp d’Auschwitz-Birkenau, c’est devenue la journée consacrée au souvenir mais aussi à la prévention et, notamment, à l’éducation des jeunes pour prévenir la survenance de tels crimes.

Ainsi, j’ai pu assister le 25 janvier dernier à Paris, au siège de l’UNESCO, à la journée internationale organisée sous le titre “Mémoire et enseignement de l’Holocauste: notre responsabilité partagée”.
Comme le souligne Robert Badinter, Avocat et professeur de droit, dans le “Courrier de l’Unesco” à cette occasion, “l’histoire nous invite à la vigilance”.

Notre actualité internationale montre que, malheureusement, les leçons de l’Histoire n’empêche pas la survenance d’actes de violence et atteintes contre les droits de l’Homme, y compris contre les avocats comme nous avons dû le constater le 24 janvier dernier, à l’occasion de la journée de l’avocat en danger.

Il est de notre devoir de citoyen et notre rôle d’Avocat d’être vigilants et d’agir pour signaler et lutter contre toutes ces atteintes aux droits de l’homme et à l’humanité.

January 28

Study visit in Strasbourg for human rights lawyers

On January 23 – 24, 2018 AEA-EAL President Maria Slazak, in her capacity of past President of Council of Bars and Law Societies of Europe (CCBE), participated as a speaker and chair of the panel in the study visit, organized by Council of Europe for a delegation of alumni of the “International Law in Advocacy” to the Council of Europe and the European Court of Human Rights. The aim of the event was to discuss the role of human rights lawyers, supporting the idea of adoption the proposed European Convention on the Profession of a Lawyer. Maria made an introductory remarks and chaired the session on the role of professional bodies in protection for human rights defenders in the light of new risks and problems in countries of Eastern Partnership. Other sessions moderated by judges of the European Court of Human Rights and experts represented civil society were related to the scope of who is a “lawyer” from perspective of NGOs lawyers (in house and/or independent lawyers) – including disbarred lawyers, the range of protection of professional privilege with a special emphasis on lex specialis guaranties and duties of lawyers, including those related to effective exercise of rights of individual petition via legal representation as well as information on the European enforcement mechanisms for monitoring and protection of lawyers’ rights. Maria was also invited to conclude the conference.

The study visit was organized for a group of lawyers from Azerbaijan, Belarus, Georgia, Moldova, Russia and Ukraine by Council of Europe in cooperation with Human Rights House Foundation and CCBE.

On January 24, 2018 Maria participated also in a seminar organized by CCBE at the headquarters of the Council of Europe under the title “Threatened lawyers: The end of the rule of law in Europe?” / the aim of the seminar was to present arguments on the need for development and adoption of a European Convention on the Profession of Lawyer/ and in the Parliamentary Assembly where the positive decision to start drafting of the Convention was passed with big majority of votes.

January 28

Day of endangered lawyers

Resolution of the Board of Directors on endangered lawyers in Egypt

The Board of Directors of the European Association of Lawyers (AEA-EAL) expresses the solidarity with all endangered lawyers. We are seriously concerned at the current situation of lawyers in many countries where fundamental rights and standards are not observed and lawyers are harassed, silenced, pressured, threatened, persecuted or even tortured. It constitutes the manifest breach of the rules which are fundamental in the democratic countries.
We would like to express our grave concern for the situation of lawyers in Egypt. We call the Egyptian authorities to refrain from harassment and repression of lawyers and to reconsider the attitude to this professional group which plays a very vital role in the society.

We would like also to remind that when adopting the Declaration on Basic Principles on the Role of Lawyers, the United Nations Organization stressed that “Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.” We call the Egyptian authorities upon the observance of these rules.

We express our solidarity with Egyptian colleagues who share our beliefs in the importance of rule of law and the respect for the human rights.

The Board of Directors
AEA-EAL

Journée internationale de l’Avocat en danger – 24 Janvier 2018

L’Association Européenne des Avocats / the European Association of Lawyers, AEA-EAL, exprime sa solidarité avec tous les avocats en danger. Nous sommes sérieusement préoccupés par la situation actuelle des avocats dans de nombreux pays dans lesquels les droits fondamentaux ne sont pas respectés et les Avocats sont harcelés, obligés de se taire, mis sous pression, menacés, persécutés et même torturés. Cela constitue une violation manifeste des règles de base qui sont fondamentales dans des Etats démocratiques.

Nous voudrions exprimer notre grande inquiétude au sujet de la situation des Avocats en Egypte. Nous appelons les autorités égyptiennes à cesser tout persécution et repression à l’encontre d’Avocats et de considérer à nouveau leur attitude à l’égard de ce groupe professionnel qui joue un rôle vital dans la société.

Nous voudrions également rappeler qu’en adoptant la Déclaration sur les principes de base sur le rôle des Barreaux, l’Organisation des Nations Unies a souligné que ” Les pouvoirs publics veillent à ce que les avocats a) puissent s’acquitter de toutes leurs fonctions professionnelles sans entrave, intimidation, harcèlement ni ingérence indue; b) puissent voyager et consulter leurs clients librement, dans le pays comme à l’étranger; et c) ne fassent pas l’objet, ni ne soient menacés de poursuites ou de sanctions économiques ou autres pour toutes mesures prises conformément à leurs obligations et normes professionnelles reconnues et à leur déontologie. ” Nous appelons les autorités égyptiennes à observer ces règles.

Nous exprimons notre solidarité avec nos Confrères égyptiens qui partagent nos convictions quant à l’importance de l’Etat de droit et du respect des Droits de l’Homme.

Le Conseil d’Administration
D’AEA-EAL

January 25

Consumers may sue Facebook in their home country

An Austrian citizen is allowed to sue the Facebook in personal case in his home country, however he is not allowed to lodge a class action against this company, ruled today the Court of Justice in case C-498/16.

Max Schrems had lodged the class action in an Austrian court on behalf of himself and seven other users in Austria, Germany and India against Facebook Ireland for various alleged rights violations including personal data. Facebook, which operates its European services in Ireland, had argued that Austrian courts did not have jurisdiction over its Irish operations, and that Schrems was a “professional” user and therefore not covered by consumer protection provisions.

The court decided that a Facebook user could be considered a “consumer” if their use was “predominately” for personal and not professional use and consumers can file complaints against activities in another EU member state in their country of domicile. “Mr Schrems may bring an individual action in Austria against Facebook Ireland,” the Court (ECJ said in a statement. “By contrast, as the assignee of other consumers’ claims, he cannot benefit from the consumer forum for the purposes of a collective action.”

Austria’s supreme court had referred the matter to the ECJ after Schrems’s lawsuit was first thrown out and then restored by the country’s courts. The case now returns to Austria’s Supreme Court for final judgment.

Schrems was the one who brought down the EU’s former “safe harbour” data sharing arrangement in 2015 after he sued Facebook in Ireland over the transfer of personal information by Facebook from Europe to the US.

January 23

Report from seminar on « Electrochoc Numérique », Second Edition

Patrick Conrads, member of the Board of Directors and Thomas Verbeeck, a colleague of his firm went to the second edition of the “Electrochoc Numérique” semina, which took place in Brussels on December 14, 2017.

Lawyers are increasingly aware of the impact of the digital revolution on their profession. The objective of this seminar was to answer the two main questions which remained at the heart of the reflections: “Why do we have to move?” and “Where to start?”

Too many lawyers today feel innovation as a threat rather than an opportunity. Yet it is by developing a prospective vision of its activity and refocusing on its added value that the lawyer of tomorrow will emerge winner of the digital revolution.
The digital revolution, with its portability tools, misleads the traditional model because it opens up knowledge and pushes for transparency, responsiveness and collaborative mode. (The hourly rate model does not encourage firms to structure more efficiently and clients have become aware of it).

What do customers, who also live their digital revolution and have become digital consumers, expect? This question was the subject of the first part of this meeting. Customers are probably looking for more agile solutions in terms of pricing, communication, listening or content. Customers are increasingly demanding, which has consequences on the value of the benefit, on the prices charged and on how the right is approached as a product. The client wants to become an actor of his file and the lawyer becomes no more guide, but companion of road.

How can the lawyer then review his position in digital time? This question was the subject of the second part of this meeting. It is obvious that the client will no longer come to his lawyer to obtain an obscure or abstract legal answer. He will come to share a common experience with his lawyer and together, they will develop the best solution to adopt.
In order to carry out his transformation, the lawyer will have to improve his organization and develop new tools. He will have to develop a collective intelligence focused on free access to knowledge.

The meteoric developments of artificial intelligence open up new perspectives for the lawyer to manage knowledge, organize data, anticipate the outcome of litigation using predictive tools, and give time to accentuate its advisory role through empathetic listening and sharing of experience.

For lawyers, an interest in innovation, not only technological but also economic, managerial and societal, is a precondition for the necessary transformation to ensure the continuity of the essence of the profession of lawyer: defending and counseling the human.

An article written by Patrick Conrads drawing up a status of the issues of digital for lawyers is coming and will soon be published for all membrers of AEA.