In response to Russia’s war of aggression against Ukraine, the European Union has imposed a series of sanctions targeting various sectors, including legal services. These sanctions generally prohibit EU lawyers from providing legal services to the Russian government and to legal entities, organizations, or institutions based in Russia. This ban particularly affects advice on commercial and civil law matters that are not connected to legal proceedings. However, there are important exceptions, particularly when it comes to safeguarding fundamental rights.
In recent rulings by the General Court of the European Union (GC, T‑797/22, T‑798/22, and T‑828/22), it was clarified that these sanctions do not restrict the right of Russian individuals to seek legal counsel. The court determined that Russian citizens involved in current or anticipated legal disputes retain the right to seek representation and legal advice from EU lawyers. This right is protected by Article 47 of the Charter of Fundamental Rights of the European Union (Charter), which guarantees access to courts and effective legal protection.
These rulings underscore that protecting access to justice remains a priority even within the framework of sanctions. The role of lawyers in a democratic society, particularly their task of upholding the rule of law and ensuring access to justice, must not be undermined by even far-reaching sanctions.
- The Legal Services Ban and Its Scope: The EU sanctions from 2022 include a prohibition on providing legal services to the Russian state and to legal entities, organizations, and institutions based in Russia. This is part of the EU’s efforts to pressure Russia through economic and legal measures to end its war of aggression against Ukraine. However, significant exceptions exist to ensure access to justice.
- Right to Legal Representation for Individuals: In cases T-797/22 and T-828/22, the General Court made it clear that the EU sanctions do not affect the fundamental right of individuals to seek legal counsel. The court ruled that Russian individuals still have the right to be represented by EU lawyers in legal disputes. This decision is based on Article 47 of the EU Charter, which guarantees access to justice and effective defense. This fundamental right cannot be restricted, even by sanctions.
- The Decision’s Significance for the Legal Profession: These rulings illustrate the balance between the objectives of sanctions and the maintenance of the rule of law and access to justice. While the sanctions target government-level and business-related matters in Russia, the right of individuals to receive legal counsel, particularly in legal or anticipated disputes, remains unaffected. The General Court emphasized that lawyers play a vital role in a democratic society, and this right must not be eroded by sanctions.
The rulings represent an important step in clarifying the scope of the EU sanctions and their impact on the legal profession. They affirm that lawyers may continue to advise Russian individuals in legal matters, provided they pertain to court-related issues, while offering assistance to Russian companies or organizations outside litigation remains prohibited.
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