Statutes

PREAMBLE

The Fédération des Barreaux d’Europe (FBE) is the successor to the  Conférence des Grands Barreaux d’Europe, which was established on 27th June 1986 in Paris by the Bars of Amsterdam, Barcelona, Brussels, Geneva, Milan, Paris and Frankfurt as well as the Order of Portuguese Lawyers who were joined a little later by the Bar of Krakow.

In Barcelona, on 23rd May 1992, the Conférence des Grand Barreaux d’Europe became the Federation of European Bars and, since then, has been open to all Bars established in a Member State of the Council of Europe.

The statutes were modified on 9th October 1999 and 6th May 2015 in Taormina and Bilbao, respectively with the current version having been adopted by the General Assembly in Malaga on 8th June 2024.

I. PRINCIPLES

The Fédération des Barreaux d’Europe is a non-profit-making legal entity acting in accordance with the law of its registered office as well as these current statutes.

Its purpose is to foster permanent links between the Bars that are members of the Council of Europe.

It seeks to provide democratic representation for those Bars;

It adheres to the principles established by the creation of the Conférence des Grand Barreaux d’Europe

  • to uphold the general principles as set out in the European Convention on Human Rights;
  • to guarantee the services of independent lawyers for individuals and companies;
  • to create an independent organisation which ensures respect for the core principles of the profession of lawyer in Europe;
  • to ensure the recognition of the unique role played by European bar associations in defending civil liberties against political, economic and judicial authorities.

II. NAME AND DURATION

The full name of the organisation is the Fédération des Barreaux d’Europe (in short: FBE).  

The Fédération des Barreaux d’Europe is established for an indefinite period.

III. OBJECTIVES

The objectives of the Fédération des Barreaux d’Europe are;

  1. to bring together Member States’ Bars of the Council of Europe and put in place common activities whilst respecting their autonomy and independence;
  2. to establish a permanent link between Member Bars, particularly by the organisation of periodic meetings;
  1. to represent the Profession before European institutions;
  1. to promote the rule of law, judicial independence and the right to a fair trial;  
  1. to uphold and defend human rights in Europe and around the world;
  1. to support the lawyers and Bars wrongly persecuted for exercising their professional duties;
  1. to promote the harmonization of the profession in Europe in matters relating to professional practice and ethics, especially with reference to independence; legal privilege; forms of professional organization; training; remuneration; insurance and publicity;
  1. to ensure exchanges between lawyers on different continents, especially those Bars bordering the Mediterranean;
  1. to ensure the level of professional quality and technical competence, to monitor the harmonisation of specialisations, and to ensure the mutual recognition of continuing training;
  2. to promote exchanges and training contracts for young lawyers;
  1. to provide information and assistance to improve the conditions for practising as a lawyer, particularly in the fields of advice and defence; the protection of professional rules, and to ensure the defence of all liberties against political, economic and judicial authorities;
  2. to exchange information between Member Bars concerning practice, problems and changes in domestic regulation and to give mutual assistance when required.

IV. OFFICE

The registered office of the Fédération des Barreaux d’Europe is at 3, rue du Général Frère 67000, Strasbourg.

V. LANGUAGES

The Fédération des Barreaux d’Europe recognises all languages from the countries represented by its members with the working languages being French, English, German, Italian and Spanish.

Simultaneous translations in the five working languages must be ensured by the Bar responsible for organising each plenary session.

VI. MEMBERSHIP

Bars eligible for admission to the Fédération des Barreaux d’Europe are:

  • National Bars and/or;
  • Regional or local Bars;
  • A Bar of a country that is not a member of the Council of Europe can be admitted as an observer if it acknowledges that it will observe the principles set out in these statutes.

VII. ADMISSION OF MEMBERS

A request for admission by a Bar as a new member is to be in writing and submitted to the Secretary-General.

The Presidency must decide on the admission of a Bar as member or observer within three months of receipt of the request.

A Bar whose application has been declined or has not been accepted within three months may apply for admission by written notice to the Secretary General in the month following rejection or after the expiration of three months in the absence of response.

VIII. RESIGNATION AND EXCLUSION

  1. A request from a Member Bar to resign its membership must be in writing sent to the Secretary General at least three months before the end of the current calendar year.
  2. The Presidency can exclude a Member Bar which is not up to date with its subscriptions.
    1. The exclusion cannot take place until a final demand in writing sent by the Treasurer remains unpaid for three months. The decision to exclude shall be communicated to the Bar concerned by written notice.
    2. The excluded Bar can appeal within one month of such notification by written notice addressed to the Secretary General who must then bring the appeal to the next General Assembly, which will have the final vote on the matter.
    3. A Bar excluded for non-payment of subscriptions cannot reapply for membership without paying the outstanding subscriptions due.
  1. Exclusion of a Member Bar (except for non-payment of subscription) can only be decided by the General Assembly on a motion by the Presidency or a request by four Member Bars from different countries submitted in writing to the Presidency.

IX. ORGANISATION OF THE FEDERATION

A. GENERAL ASSEMBLY

a. The General Assembly is the sovereign authority of the Fédération des Barreaux d’Europe, has full decision-making powers and is competent in all areas except in acting contrary to these statutes.

b. It elects the members of the Presidency, votes on the budget and the membership fees and approves the final accounts.

c. It elects from its body, for a term of two years, a representative charged with auditing the accounts of the Fédération des Barreaux d’Europe such person may not be a member of the Presidency.

d. The General Assembly determines the number and the composition of the Permanent Technical Commissions and the Ad-Hoc Commissions.

e. The General Assembly alone is competent to modify these statutes.

f. The General Assembly is convened by the Presidency.

g. It is required to meet at least once a year but can also meet extraordinarily at the request of four Bars from different countries submitted in writing to the Presidency.

h. The General Assembly is convened upon a minimum of 30 days’ notice except in emergency by written communication setting out the agenda.

i. The General Assembly is made up of Member Bars represented by their President.

j. A President may appoint by written proxy a member of his Bar or the President of another Bar or his delegate as his representative. However, a President or his delegate can only represent three other Bars.

k. Proxies must be delivered in writing to the General Secretary before the opening of the General Assembly and must be signed on behalf of the appointing Bar.

l. The General Assembly votes by a simple majority of Bars present on ordinary resolutions and by a two-thirds majority of Bars present on extraordinary resolutions.

m. Extraordinary resolutions are: dissolution of the Association; amendment of the statutes and a change in the location of the registered office. All other resolutions are ordinary.

n. The representation of each Member Bar follows a system inspired upon that of states in the Council of Europe: each Bar which has paid its subscription has at least one vote. Each Bar entitled to vote has one additional vote for every 100 of its registered members up to a maximum of 40 votes.

o. The number of a Bars’ registered members is established by declaration made when the annual subscription is paid.

p. Contested elections shall be by secret ballot as overseen by the Senior Past President and assisted by two independent observers.

q. Unopposed candidates may be deemed elected by acclamation.

r. Any other question to be determined by the General Assembly shall be decided by open vote.

s. Abstentions will not be counted in determining a majority.

t. A Member Bars’ vote cannot be split.

u. If the Presidency finds that exceptional circumstances make it impossible to organise a General Assembly in person, it may organise a virtual General Assembly, allowing those members (who have paid their fee) to discuss and vote on the matters before them.

v. The virtual vote will be subject to the same rules as a vote in person.

B. THE PRESIDENCY

a. The Presidency consists of the President in Office, the First Vice-President or the President elect, the Second Vice-President, the Secretary-General and the Treasurer. The Presidency may invite the immediate past President to attend in Presidency meetings, without any voting rights.

Nominations for any member of the Presidency must be submitted in writing by member Bars to the General Secretary at least fifteen days before the General Assembly and must include a statement in support, including a curriculum vitae and details of the candidate’s suitability for office.

The members of the Presidency are elected by the General Assembly and should reflect not only individual skills, but also cultural, geographical, gender and age diversity. 

Only a President in office, a former President a member or a former member of the Council of their Bar, can be appointed President or Vice-President of the Fédération des Barreaux d’Europe.

The President and the two Vice-Presidents must belong to Member Bars from different countries.

The President, the First Vice-President and the Second Vice-President´s term of office lasts for one year and is not renewable.

The Secretary-General and the Treasurer must each belong to Member Bars from different countries. Their office term is renewable every two years on no more than two occasions.

All appointees begin their term of office at the end of election made by the General-Assembly.

b. The Presidency must enforce the decisions of the General Assembly.

c. The Presidency manages the day-to-day running of the Fédération des Barreaux d’Europe. In particular, it prepares the regular and occasional activities; oversees the work of the Permanent Technical Commissions and the Ad-Hoc Commissions; prepares the budget, verifies the accounts and presents them for approval; appoints, from amongst the Presidents or former Presidents of Member Bars, for a term of two years, one Representative of the Fédération des Barreaux d’Europe to the European Union and the CCBE, and a second Representative to the Council of Europe (who may be co-opted to assist the Presidency when necessary); may, where appropriate, consult Presidents of Commissions or former members of the Presidency; and ensures the upholding of the Federation’s principles and objectives and, where necessary, interprets the Statutes.

d. The Secretariat of the Presidency, now located in Barcelona, is particularly responsible for organising the Presidency Meetings and Fédération des Barreaux d’Europe meetings.

C. THE COMMISSIONS

The General Assembly shall determine, at the Presidency’s insistence, a list of all commissions.

The permanent technical commissions ensure continuity of information and reflect the main issues facing lawyers, including professional ethics, training, human rights; right to a fair trial; relations with Bars bordering the Mediterranean, etc.  

The ad-hoc commissions, also determined by the General Assembly through the Presidency, are appointed specifically to deal with issues facing the Fédération des Barreaux d’Europe.

The General Assembly shall elect a President for each Commission, ideally at the proposal of any member Bar that assumes the hosting of that Commission, financing its administrative expenses for a renewable two-year period.

Concise minutes of all Commissions meetings must be taken and include the place; date and time of the meeting; attendants; matters discussed and the conclusions drawn.

The president of the relevant commission will report to the General Assembly.

The Commissions Secretariat, now located in Strasbourg, is particularly responsible for organising the Commissions meetings.

X. ADMINISTRATION OF THE FEDERATION

The administration and management of the Fédération des Barreaux d’Europe shall be the responsibility of the Presidency, in particular the Secretary General assisted by such personnel as the Presidency shall determine.

XI. SUBSCRIPTIONS

a. Each Member Bar will pay annually prior to March 31st a subscription fixed by the General Assembly.

b. Only Bars whose subscriptions have been paid before the start of the General Assembly are permitted to vote.

c. New member Bars shall have the right to vote and to make use of the practical services provided by the Federation once they have paid their subscription.

XII. EXPENSES

a. The Congresses and other meetings of the Fédération des Barreaux d’Europe are the sole responsibility of the organising Bars.

They must establish a provisional budget in consultation with the Presidency including specifically the level of registration fees required from each participant and financial support, where applicable, from professional bodies external, local organisations or of any other kind.

b. The administrative expenses and the costs of the members of the Presidency are the responsibility of the Fédération des Barreaux d’Europe. The expenses of people invited by the Presidency may be covered by the Fédération des Barreaux d’Europe.

c. The expenses of the representatives of the Member Bars are the responsibility of those Bars. Expenses of members of the permanent or ad hoc Commissions are the responsibility of those members or their Bars unless otherwise decided exceptionally by the Presidency.

Règlement intérieur de la Commission de la Méditerranée