justice – ECLA

The European Company Lawyers Association (ECLA) congratulates all colleagues across Europe on today’s European Day of Justice 2021 which was initiated by the Council of Europe and the European Commission as well as the European Lawyers Day 2021, initiated by the Council of Bars and Law Societies of Europe (CCBE).

In keeping with this year’s theme of “No justice without independent lawyers”, the ECLA is proud to reiterate that company lawyers are independent by design, as demonstrated in the 2012 ECLA White Paper “Company Lawyers: Independent by Design”. Today, more than 150,000 company lawyers across Europe are strongly committed to advancing the rule of law.

Indeed, justice cannot exist without a strong rule of law. A strong rule of law is the cornerstone of European society as well of a flourishing European economy. The independence of lawyers from governments, states, and authorities is an indispensable foundational element thereof.

Jonathan Marsh, President of the ECLA and International General Counsel at TotalEnergies, observes that:

“Much has changed over the last 20 years in the European legal community including, most encouragingly, the increasingly vital role of company lawyers, who embody an essential aspect of the rule of law in European companies, in particular with respect to compliance, digital and ESG developments.

The independence of company lawyers and the importance of a professional legal privilege is increasingly recognized, as evidenced by the evolution of the jurisprudence of national member states, the Court of Justice of the European Union and the recent recommendations of the OECD”.

The ECLA welcomes this opportunity to highlight the role of company lawyers in supporting the advancement of justice and the rule of law in Europe and remains committed to working with stakeholders across all disciplines to reinforce the contribution of company lawyers to a better and stronger Europe.

About ECLA
The European Company Lawyers Association (ECLA) was founded in 1983 and is the umbrella organization of 22 different national associations of in-house counsel working in companies and organizations. For more than 38 years, ECLA has been committed to the profession of company lawyers throughout Europe and accounts for approximately 68,000 professionals in its network and represents the more than 150,000 company lawyers across Europe.

The full press release can be downloaded here.

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[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_empty_space height=”20px”][vc_column_text]On 8 April 2021, ECLA and ACC jointly submitted their feedback form on the 2021 EU Justice Scoreboard. Both associations welcomed the consultation on the Scoreboard and its broadened scope to support the achievements of the European Semester and the implementation of the Recovery and Resilience Facility. As noted in the form, by including in-house lawyers as a distinct category of justice stakeholders, the European Commission will gain a more precise picture of the state of the rule of law.

It should be noted that the viewpoints of in-house lawyers may have been included in past scoreboards in cases where company lawyers are full members of the bar. For example, French in-house counsel cannot join the national bar association, which entails that they have been excluded from the scoreboard figures of the past. Because of these national differences, the associations recommend adding the following research themes to the 2021 Justice Scoreboard:

a) the role of in-house counsel in promoting a culture of compliance within their companies;
b) the role of in-house counsel as officers of the court in the administration of justice,
independence of in-house counsel, and their relationship with legal privilege; and
c) the contribution in-house counsel to the efficiency of justice by resolving issues cooperatively
and effectively before they reach litigation, thus reducing pressure on the judicial system.
d) Collect data on the number of in-house counsel in each country of the European Union in order
to measure capacity to comply and promote the rule of law in the private sector.

In-house legal departments are uniquely positioned to promote an efficient administration of justice, by contributing to effective dispute resolution solutions and enforcement, while reducing recourse to judicial resources and, importantly, before the need for litigation arises. Moreover, in-house legal departments increase access to justice by lowering the hurdles of obtaining legal advice – an issue of particular relevance and key to global competition, especially for small and medium enterprises.

The full joint submission on the 2021 Justice Scoreboard can be read here.[/vc_column_text][/vc_column][/vc_row]

Tag: justice

Celebrating the European Day of Justice 2021 – No justice without independent lawyers

ECLA & ACC joint feedback on the 2021 EU Justice Scoreboard