5_DiscoverBenelux_Issue18_June_2015_Q9_Scan Magazine 1 26/05/2015 16:25 Page 65
Discover Benelux & France | Mini Theme | Legal Transformation
L E G A L T R A N S F O R M AT I O N
European lawyers at the service of the rule of law and justice To introduce this theme, we have a special message from the Council of Bars and Law Societies of Europe’s first vice-president, Michel Benichou. He explains the vital role lawyers play in the field of European law. TEXT: MICHEL BENICHOU, CCBE | PHOTOS: CCBE
The Council of Bars and Law Societies of Europe (CCBE) currently represents more than one million European lawyers, who are committed to defending and providing legal advice to citizens and residents of the European Union on a daily basis. This number matches the needs expressed by European companies, local authorities and consumers, testifying to a significant and continuing need for law. Today’s European and global society is complex and countries keep passing new laws. The European institutions have been attempting to harmonise these rules but with only relative success, given the resistance they have had to face. As a result, new European legislation complementing national laws has been introduced. Without the assistance of lawyers, it is impossible for citizens, local authorities and companies to know or understand their rights and, most importantly, defend them. The ability to defend these rights requires access to justice. Access to justice, a right hard-earned by European nations, is being threatened because of the limited resources European justice has at its disposal, the unacceptable length of time it takes to process cases and the cost of jus-
tice. European lawyers have been criticising this situation, and consider access to justice to be the first fundamental right which guarantees all other rights. Indeed, it is pointless to affirm the freedom of movement, the freedom of entrepreneurship or the right to security if companies and citizens cannot resort to justice to have these rights recognised. Equal access to justice for all, and especially for the middle class, can only be preserved if citizens band together to protect it and reaffirm their rights.
That is why citizens, companies and lawyers must band together to defend the rule of law and justice in Europe. Michel Benichou, CCBE First vice-President
Similarly, citizens and companies have an indisputable right to secrecy and privacy. All legislation dealing with terrorism, money laundering or tax evasion restricts rights and freedoms. The Snowden case has revealed that American intelligence has run a mass surveillance programme, although it should be pointed out that other countries carry out similar programmes as well. The wiretapping of lawyers, who act as guardians of freedoms, goes against the principles of the rule of law and democracy. If states themselves violate citizens’ rights, then the terrorists will have won. If we sacrifice our rights and freedoms in the name of security, then not only will we lose our rights, our public and personal freedoms, but our security as well.
Issue 18 | June 2015 | 65