European Fraud and Compliance Lawyers (EFCL)
The ECBA is pleased to announce the launch of a new sub-association - the European Fraud and Compliance Lawyers (EFCL). It will focus on fraud and white collar crime and compliance and regulatory issues. The EFCL will have its own sub-board and working groups that will report to the ECBA board. The EFCL will host annual conferences focusing on relevant issues, usually in the summer. It is intended that the conferences will be held in London, Paris, Frankfurt and Milan on a rotating basis. Members of the ECBA will automatically be members of the sub-association. For more information go to www.efcl.eu
Its inaugural conference in conjunction with the UK Fraud Lawyers Association in London was hold on June 17, 2016.
Press release on the murder of Tahir Elçi, president of the Diyarbakir Bar Association
The International Association of Democratic Lawyers (IADL), a non-governmental organization with consultative status to the Council on Economic and Social Affairs of the United Nations (ECOSOC), and the European Association of Lawyers for Democracy & World Human Rights (ELDH) are shocked and outraged by the brutal murder of their colleague Tahir Elçi, president of the Diyarbakir Bar Association. Please click here
for their press release.
The ECBA endorses the statements of the IADL and the ELDH and abhors and condemns this assassination unreservedly.
Resistance to UK Government Plan to Repudiate European Court of Human Rights
An ECBA working group is being set up to resist the UK Government’s intention to sever the link with the European Human Rights Court which group members see as a dangerous and retrograde step from any perspective and one which affects not only the rights of persons in Britain, but undermines respect for and the protection of fundamental and human rights throughout Europe, and, given the UK’s permanent seat on the UN Security Council, potentially throughout the world. Click here
for the intervention of Scott Crosby at the ECBA Autunm conference in Luxembourg, 3 October 2015.
Letter to the European Parliament
In February this year a Pakistani man, aged 23, was expelled from Italy and sent to Pakistan for allegedly voicing support for ISIS. He was expelled by administrative order, on vaguely stated grounds, and without judicial involvement. The person in question, Muhammed Usman “Rayen” Khan, had been resident in Bozen since the age of 8.
Avv. Nicola Canestrini, a member of the European Criminal Bar Association, lodged an application for judicial review of the expulsion order before the Regional Administrative Court of Lazio (TAR Lazio). A member of the European Parliament, Matteo Salvini, criticised this action on his facebook page and received many statements of support from facebook “followers”.
The matter was raised with the Italian Prime Minister by the CCBE. The ECBA has written a letter to Martin Schulz, President of the European Parliament as it was felt that it was important that Mr Schulz should be aware of this incident, primarily because of its threat to the rule of law, but also because of its detrimental effect on the reputation and standing of the European Parliament.
for the ECBA letter and here for the reply
Members of the European Parliament denounce surveillance of lawyer-client communications
Surveillance of lawyer-client communications/Surveillance des communications entre les avocats et le
Please find below the text of a press release issued today in English and French / Veuillez trouver ci-après le texte du communiqué de presse publié aujourd'hui en français et en anglais.
Brussels, 15 January 2015
MEPs raised concerns about interception of phone calls between lawyers and their clients by intelligence services across Europe in a plenary debate with the Presidency of the EU and the Commissioner for Justice on Tuesday evening.
The issue had been put on the agenda of the plenary session of the European Parliament following the recent admission by the Minister of the Interior of the Netherlands that the Dutch intelligence and security agency (AIVD) had been spying for years on Amsterdam-based law-firm Prakken d’Oliveira. According to data collected by the Council of Bars and Law Societies of Europe (CCBE), communications between lawyers and their clients have been monitored over the last few years by police or intelligence services in similar cases in France, the United Kingdom, Ireland, the Czech Republic and Latvia.
MEPs from across the political spectrum took turns in denouncing an unacceptable form of espionage that goes against the right to a fair trial, the rule of law and democracy.
In her response on behalf of the Council of Ministers, Latvian Secretary of State for European Affairs, Zanda Kalniņa-Lukaševica, refused to take a stand and only stated that collection and processing of personal data for the purpose of national security is not regulated currently by EU law, as the Lisbon Treaty explicitly gives this competence to the Member States.
“The extent and occurrence of this type of wiretapping shows that it is a widespread problem in need of a solution” says CCBE President Maria Ślązak. “National security cannot serve as an excuse to ignore the principle of lawyer-client confidentiality and deprive citizens of the right to legal counsel and to a fair trial. We hope that in time the European Court of Justice will be asked by a national court to define the meaning and extent of national security in this context, and whether it can ever provide a justification for the surveillance of the activities of lawyers.”
Justice Commissioner Vĕra Jourová expressed her ‘concern’ and vowed to follow closely developments on this issue as well as the implementation of the 2013 Directive on the right of access to a lawyer(1), which guarantees the confidentiality of communications between an accused person and their lawyer.
MEPs asked for action to be taken by the EU, through investigations, sanctions and the adoption of legislation. The CCBE supports their initiative, and calls for a minimum level of legal protection afforded to professional secrecy from government electronic surveillance, which could be included in the European Parliament project to establish ‘A European Digital Habeas Corpus - protecting fundamental rights in a digital age’.
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