EU General Court Upholds Ban on Provision of Legal Services to Russian Entities
The EU General Court on Oct. 2 upheld the validity of the EU prohibition on the provision of legal advisory services to the Russian government and to entities established in Russia. The court said the sanction doesn't undermine the right of all persons to be advised by a lawyer for "conducting, pre-empting or anticipating judicial proceedings."
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The decision came amid a trio of challenges to the prohibition brought by the Brussels Bar Association and various Belgian lawyers, the Paris Bar Association and one of its members, and the Association Avocats Ensemble. The parties alleged that the sanction "lacks any statement of reasons and infringes the fundamental rights guaranteeing access to legal advice from a lawyer." The parties also said the prohibition violates the "professional secrecy and duty of independence of lawyers, the values of the rule of law and the principles of proportionality and legal certainty."
The court dismissed all three claims, noting that all individuals have a right to "effective judicial protection," which includes the right to be represented and advised by a lawyer in "existing or probable litigation." The prohibition doesn't infringe on those rights and only covers "legal advice that has no link with judicial proceedings," the court said.
The court said that limits can be placed on the "fundamental role of lawyers in ensuring compliance with and defending the rule of law," so long as the limits are justified by "objectives of general interest." The court said the prohibition at issue "does pursue objectives of general interest, without impairing the very essence of the fundamental role of lawyers in a democratic society."