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.
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’.
With pleasure we publish the spring issue of our Newsletter. This time the Newsletter is available in three languages: English, French and Polish. We wish all of you Happy Easter! Best wishes and all the best in your professional and private life.
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.
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.
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.
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.
The new Belgian corporate income tax reform was recently enacted by the law of 25 December 2017 (hereafter: “Law”), as published in the Belgian State Gazette of 27 December 2017. As from tax assessment year 2019 (i.e. income 2018 if the accounting year matches the calendar year), the Law decreases the standard corporate income tax rate from 33.99% to 29.58%.For small and medium-sized enterprises (hereafter: “SMEs”) a reduced corporate income tax rate of 20.40% will be applicable with respect to the first tranche of EUR 100,000. Any taxable income exceeding EUR 100,000 will be subject to the standard corporate income tax rate of 29.58%. This reduced tax rate of 20, 40% on the first tranche of EUR 100,000 is however subject to the condition that a minimum annual remuneration is paid to at least one of the company’s directors. The annual remuneration should at least be EUR 45,000 (if the company’s taxable base exceeds EUR 45,000) or an amount equal to the company’s taxable base (if the company’s taxable base is below EUR 45,000). The minimum remuneration is not required during the first four years for SMEs in order to benefit from the reduced corporate income tax rate. As from tax assessment year 2021 (i.e. income 2020 if the accounting year matches the calendar year), the standard corporate income tax rate will be further reduced to 25%. For SMEs, the reduced tax rate will be further reduced to 20% on the first tranche of EUR 100,000, provided the above- mentioned minimum annual remuneration is paid to at least one of the company’s directors.
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
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.
Maria Slazak speaking during the conference
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).
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). 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. Also a meeting of AEA-EAL President and AEA-EAL Past Presidents took place, during which important issues for the Association were 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.
AEA-EAL is committed to handling your Personal data in ccompalince with applicable data protection laws, including the General Data Protection Regulation ("GDPR"). If you have any questions, please contact us at privacy@aea-eal.eu. Our privacy policy and cookies policy are available here. AEA-EAL aisbl - siege social/headquartes: Avenue Louise 235 - 1050 Bruxelles/Brussels - Belgique/Belgium KBO/BCE 0465.302.664 phone: +32 (0)2 467 34 24 e-mail: aea-eal@aea-eal.eu
