European Convention on the Protection of the Legal Profession: New Guarantees and Implementation Challenges in Albania

A New International Standard for the Independence of the Legal Profession

On October 22, 2026, the Parliament of the Republic of Albania approved the ratification of the Council of Europe Convention on the Protection of the Profession of Lawyer (CETS No. 226), opened for signature on May 13, 2025, in Luxembourg.

This Convention constitutes the first legally binding international instrument specifically designed for the protection of the profession of lawyer and the guarantee of its independent exercise.

Its importance is not limited to the formal recognition of lawyers' independence. The Convention provides concrete obligations for states regarding the protection of professional secrecy, the right to defense, the limits of civil and criminal liability, disciplinary procedures, inspections and seizures, as well as protection against threats and undue interference.

From a legal perspective, some of these provisions have the potential to directly impact Albanian legislation and judicial practice.

1. Protection of the Lawyer from Civil and Criminal Liability for Statements Made During the Exercise of Defense

One of the most important provisions is Article 6, paragraph 2, which provides for the protection of the lawyer from civil or criminal liability for oral and written statements made in good faith and dedication while carrying out procedures on behalf of the client.

This guarantee stems from the very nature of the profession of lawyer.

In exercising the defense, the lawyer may challenge the actions of investigative bodies, the legality of evidence, the positions of the prosecution, or the procedural actions of other authorities. They must have the opportunity to present these claims without being exposed to legal liability solely because their arguments oppose the authorities' position.

In this sense, the Convention aims to prevent the use of civil or criminal liability as a means of pressure against the exercise of defense.

However, the provision does not create general immunity. Protection is linked to professional statements made under the conditions defined by the Convention and must be interpreted together with the limitations of Article 6, paragraph 4.

This provision requires a careful assessment of the relationship between the freedom of defense, the professional obligations of the lawyer, and legal liability.

2. Professional Secrecy and the Confidentiality of Lawyer-Client Communication

Article 6, paragraph 3, guarantees the right to private consultation and confidential communication between the lawyer and the client or prospective client.

The Convention also protects professional information and materials included in this relationship, providing protection from the obligation to disclose, surrender, or provide them as evidence.

The phrasing of the provision is of particular importance in the conditions of technological development.

Today, professional communication is carried out via electronic mail, telephones, communication platforms, document storage systems, and other electronic means.

The inspection or seizure of a professional device may expose information related to numerous clients who have no connection to a particular investigation.

Consequently, the protection of professional secrecy requires procedural and technical guarantees to avoid unjustified access to confidential information.

Another important element is the extension of protection to prospective clients as well. Thus, confidentiality is not necessarily tied only to the existence of a formalized representation contract.

For Albania, these guarantees raise the need to evaluate the rules on the administration and seizure of electronic evidence, the handling of professional documentation, and the respect of lawyer-client secrecy.

3. Inspection of the Law Firm and Seizure of Documents: The Guarantees of Article 9

One of the most significant innovations of the Convention is found in Article 9, paragraph 1.

The provision sets out specific guarantees regarding the presence of an independent lawyer or a representative of the professional organization during inspections carried out within the framework of civil, criminal, or administrative proceedings.

These guarantees include inspections of premises, vehicles, and equipment used by lawyers for professional activities, as well as the seizure or photocopying of professional documents and data.

The goal is to ensure an additional level of protection when the actions of authorities may infringe upon professional secrecy or the interests of other clients.

The Convention also provides for limitations and a specific exception when persons carrying out the inspection or seizure do not examine documents or data.

This means that the guarantee must be applied according to the conditions of the Convention and should not be interpreted as an absolute prohibition of inspections or seizures against lawyers.

In Albanian legislation, this area deserves special attention.

It would be necessary to assess whether the existing framework sufficiently guarantees the presence of an independent representative, the protection of confidential information, and effective control over the use of seized materials.

4. The Lawyer Cannot Be Identified with the Client They Represent

Article 6, paragraph 5, provides that lawyers should not suffer negative consequences as a result of being identified with their clients or their cases.

This is an essential principle for the functioning of legal defense in a democratic state.

A lawyer representing a person accused of a serious criminal offense is not identified with the criminal offense attributed to the client.

Similarly, the representation of a public figure, a commercial entity, or an individual involved in a high-profile public interest case cannot be used as a reason to undermine the professional independence of the lawyer.

Any individual's right to effective defense would lose its meaning if lawyers were to risk negative consequences simply because of the cases they undertake.

However, this principle does not exclude the personal liability of the lawyer for illegal actions they may commit themselves.

The distinction between client representation and the individual liability of the lawyer is essential.

5. Effective Access to Files and Participation in Proceedings

Article 6, paragraph 1, guarantees a set of professional rights aimed at ensuring the effective exercise of defense.

These include prompt and effective access to clients, including persons deprived of liberty, access to relevant materials held by competent authorities, and effective participation in proceedings where the lawyer represents the client.

The Convention also recognizes the possibility of submitting procedural requests, including requests for the disqualification of a judge or prosecutor.

The importance of these provisions lies in the distinction between the formal recognition of a right and the real opportunity to exercise it.

A lawyer who does not have sufficient time to review relevant materials, or who faces unjustified obstacles in communicating with the client, may find themselves unable to provide an effective defense.

For this reason, the standards of the Convention must be taken into account when evaluating procedural rules and the practice of authorities.

6. Protection of the Lawyer in Disciplinary Proceedings

Article 8 of the Convention establishes important guarantees regarding disciplinary liability.

Proceedings must be based on professional standards defined by law and conducted before independent and impartial bodies.

The Convention requires respect for fair trial standards, the possibility of judicial review, and the proportionality of sanctions.

The prohibition of the right to practice the profession must be reserved for the most serious violations.

These provisions are important to ensure that disciplinary mechanisms are not used as instruments to restrict professional independence or to punish the lawful stances of lawyers.

At the same time, the Convention does not weaken the requirement for ethics and professional responsibility. It requires that responsibility be applied in a fair, objective, and proportional manner.

7. Protection Against Threats, Attacks, and Interference in the Profession

Article 9, paragraph 4, provides for the obligation of states to protect lawyers and professional organizations from physical attacks, threats, harassment, intimidation, and undue interference.

This provision has two dimensions.

First, state authorities must refrain from actions that unjustifiably infringe upon the exercise of the profession.

Second, the state must ensure an effective investigation when there are reasons to believe that the behaviors defined in the Convention may constitute criminal offenses.

In this way, the protection of lawyers does not remain merely a passive obligation of institutions.

It requires an appropriate response to threats and attacks related to the exercise of the profession.

8. Freedom of Expression and the Public Role of Lawyers

Article 7 guarantees the right of lawyers to inform the public about their clients' cases, within lawful limits, as well as to participate in discussions on legislation, judicial decisions, the administration of justice, and legal reforms.

This provision confirms the important role of lawyers in the development of public legal debate.

Professional criticism of the functioning of institutions, proposals for reforms, and the discussion of problems in the administration of justice are part of the contribution of the legal profession to the strengthening of the rule of law.

Naturally, the exercise of this freedom must respect professional secrecy, private life, the administration of justice, and other lawful responsibilities.

9. Independence of Professional Organizations and Institutional Protection

Article 4 guarantees the independence and self-governance of professional organizations of lawyers.

The Convention also requires effective consultation with these organizations on proposals for legislative and regulatory changes that directly affect the profession.

Meanwhile, Article 9 recognizes a special role for professional organizations in protecting lawyers in certain situations, including cases of deprivation of liberty and proceedings suspected of being related to their professional activity.

These provisions reinforce the importance of the National Chamber of Advocacy as a representative and protective institution for the independence of the profession.

10. International Monitoring Through GRAVO

The Convention establishes the international monitoring mechanism GRAVO, the Group of Experts on the Protection of the Profession of Lawyer.

This mechanism will evaluate the implementation of the Convention by states parties, using information from state institutions, professional organizations, civil society, and other sources defined in the Convention.

Its reports and conclusions will be made public.

The Convention also provides for an urgent procedure in situations requiring immediate attention to prevent or limit serious violations.

This mechanism does not replace national courts or the European Court of Human Rights, but creates a new form of international monitoring of standards for the protection of the profession.

11. What Needs to Change in Albanian Legislation?

The ratification of the Convention requires a systematic assessment of the compatibility of Albanian legislation with its standards.

In particular, attention should focus on the Criminal Procedure Code, the law on the profession of lawyer, and acts regulating investigative and disciplinary actions.

Areas deserving review include:

• Guarantees during inspections and seizures affecting lawyers and their professional materials.

• The protection of communications and confidential data.

• The limits of liability for professional statements.

• Disciplinary procedures and the proportionality of sanctions.

• Mechanisms of institutional protection against threats and interference.

• The effective involvement of the National Chamber of Advocacy in processes affecting the profession.

A distinction must be made between the parliamentary approval of ratification and the entry into force of the Convention at the international level. According to Article 17, the Convention is subject to specific conditions for the deposit of instruments of ratification and entry into force.

For this reason, the evaluation of its concrete effects must take into account both the international status of the Convention and the entry into force of the Albanian ratification law.

Conclusions

The Council of Europe Convention on the Protection of the Profession of Lawyer represents a significant development in strengthening international standards of professional protection.

It does not grant lawyers unlimited privileges nor immunity from legal liability.

Its purpose is to guarantee that lawyers can exercise their function without unjustified interference, while simultaneously protecting the interests of clients and the right to a fair trial.

For Albania, ratification must be followed by a careful legislative analysis and concrete measures to guarantee the implementation of the Convention's standards.

Strengthening the position of the lawyer should not be seen as strengthening the interests of a profession in relation to state institutions, but as strengthening the citizen's guarantees in the face of the exercise of public power.

The real value of this Convention will be measured not only by its approval, but by how the foreseen guarantees are respected in practice.

Legal analysis on the Council of Europe Convention on the Protection of the Profession of Lawyer (CETS No. 226).

Main Sources:

• Council of Europe Convention on the Protection of the Profession of Lawyer, Luxembourg, May 13, 2025, CETS No. 226.

• Official Albanian translation, Ministry of Justice of the Republic of Albania.

• Council of Europe, Treaty Office, information on the status and entry into force of the Convention.

• Official announcements on the ratification procedure by Albania.

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