Fédération des barreaux d’Europe
VIENNA resolution on independence of lawyers
THE EUROPEAN BARS FEDERATION IN THEIR GENERAL ASSEMBLY IN VIENNA ON 18 MAY 2002
Having heard the situation described by the national Reporters in Germany, Austria, Belgium, Spain, France, Great Britain (England and Wales), Italy, Holland, Portugal and Switzerland.
Considering that the economic independence of lawyers – an essential condition for undertaking free advice and defence – is threatened more or less everywhere in Europe · demands the suppression of VAT for individuals or, failing this, the establishment of a low tax of no more than 5% · demands that representation or assistance by a lawyer should be compulsory before all penal, civil, commercial, social, administrative, arbitral and other jurisdictions, before all jurisdictional commissions, disciplinary instances, etc … · demands the transfer of all costs and fees incurred by the winning party on the losing party, unless there are due reasons for this not to be applied · to this effect, recommends the establishment of a rate of legal fees common to the whole of the European Union or, failing this, the publication of scales of charges on the same level by the national Bars or equivalent bodies · recalls that the acceptance of the cost of Legal Aid is a State duty financed by taxes · disapproves of all actions which are detrimental to the economic interests of lawyers participating in the public service of Legal Aid. · demands that the working remuneration in Legal Aid should be the same as in common law, in line with the legal rates or the ordinal scale of charges in force, in respect of the rule « equal service, equal remuneration » · invites the States to develop legislation allowing the pursuit and treatment of the difficulties of Lawyers’ firms in the same way as for any other economic activity · also invites Bar Associations to develop the human and technical means to help lawyers to pursue and deal with their financial difficulties.