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Thank you for inviting me to attend and welcome today's conference on "Update on Legal Privilege under EU Law".
I am particularly pleased because the conference focuses on a very interesting topic, which of course has not arisen recently, but it is a topic which has been the subject of debate and discussion from time to time and which has been the subject of case law, both national and European. I warmly congratulate the contributors to today's conference.
It is equally important that the conference brings together in Cyprus professional lawyers, scholars and experts who, together with their distinguished Cypriot colleagues, have undertaken to contribute their specialised knowledge and expertise for the benefit of the Cypriot legal community. It is evident from the programme of the conference that interesting discussions and interventions are in the offing.
I warmly welcome and extend a cordial greeting to all, and to each and every one of the speakers and participants.
Ladies and Gentlemen,
As you are well aware, the concept of professional secrecy, known as "legal privilege", refers to the protection of any confidential information or data that a lawyer has become aware of in the course of his or her professional activities with a client. This protection is vital for the effective exercise of the right to a fair trial and is considered a fundamental right in the legal framework of the European Union.
The confidentiality of every means of communication of every citizen is in any event protected by the European Convention on Human Rights and by national constitutional requirements. It is all the more so since lawyers are collaborators of justice and play a catalytic role in democratic societies.
In particular, the concept of legal professional privilege is recognised in various legal instruments and documents of the European Union, including the Charter of Fundamental Rights of the European Union. Article 7 of the Charter protects, inter alia, the privacy and communications of the person. Article 47 of the Charter explicitly sets out the right to an effective remedy and to a fair trial, including the right to legal advice and representation. Legal professional privilege is an essential element of this right.
Legal professional privilege is also protected by Article 8 of the European Convention on Human Rights. As pointed out by the European Court of Human Rights, Article 8 of the European Convention on Human Rights protects the confidentiality of all "correspondence", a protection which is enhanced when it concerns communications between lawyers and their clients.
In recent years, the European Union has intensified its efforts to ensure the integrity of legal contacts between lawyers and clients. In particular, the General Data Protection Regulation contains important provisions concerning data protection, including those relating to legal advice.
The case-law of the Court of Justice of the European Union confirms the extension of legal professional privilege beyond court proceedings to legal advice. At the same time, it recognises the significant impact that its protection has even at the cross-border level.
In addition to European legislation and the case law of the Court of Justice of the European Union, if one studies it, one finds that the European Court of Human Rights has also issued numerous judgments defending the protection of lawyers' professional secrecy.
To this end, it is necessary to follow closely the developments in the European legal and jurisprudential framework in this area. The lawyer is the custodian of the information and data entrusted to him by his client. He is the client's statutory legal representative who has a duty to represent and defend him in a fair trial. This is what the State must ensure for him, guaranteeing first and foremost the attorney-client privilege. The safeguarding of confidentiality is a prerequisite for the creation of trust by the client in the lawyer.
It is important, of course, to note that the attorney-client privilege may in exceptional circumstances be subject to limitations or exceptions. Of course, any limitation or exception should be considered in light of the right to a fair trial and the principle of proportionality. Any regulation that attempts to negate or limit attorney-client privilege jeopardizes the right to a fair trial, calls into question effective judicial recourse and thus undermines the functioning of the justice system.
Dear delegates,
With this address I will not attempt any further reference to aspects surrounding the issues that will occupy the conference. This task has already been undertaken by more knowledgeable persons. The Ministry of Justice and Public Order will look forward with interest to the conclusions and contributions that will emerge from the conference.
(NG/AF)
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