CYIL vol. 15 (2024)

VLADISLAV VNENK or if the prisoner’s consultation were to take place in the presence of a prison officer. 13 In the case of Czech law, the guarantees of confidentiality of such communications are enshrined, for example, in Section 13(3) of the Act on the Execution of Detention, according to which it is inadmissible to inspect correspondence between the accused and their lawyer, as well as between the accused and the lawyer representing the accused in another case. With regard to the ECtHR’s decisions in relation to the right to a fair trial and access to a court, the decisions in Campbell and Fell v. The United Kingdom of 28 June 1984 (Application no. 7819/77; 7878/77) or S. v. Switzerland of 28 November 1991 (Application no. 12629/87; 13965/88) are examples. 14 However, the protection of legal professional privilege is not limited to legal advice given in the context of criminal proceedings; according to the case-law of the European Court of Human Rights, protection is also afforded in the context of civil matters, but also in the context of legal advice in general. 15 Similar conclusions have been reached by the CJEU in several of its decisions, also in the context of the right to effective legal protection and a fair trial under Article 47 TFEU 16 (e.g., CJEU judgment of 8 December 2022, Case C-6945/20 Orde van Vlaamse Balies and Others ). At the same time, the European Court of Human Rights has declared that the state is obliged to respect the confidential relationship between a lawyer and their client and is also obliged to take all possible measures to ensure this protection. 17 Similarly, Directive 2013/48/ EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings, which states that: Confidentiality of communication between a suspected or accused person and his or her lawyer is essential to ensure the effective exercise of the right of defence and is an essential part of the right to a fair trial. Member States should therefore respect, without exception, the confidentiality of meetings and other communications between a lawyer and a suspected or accused person in the exercise of the right of access to a lawyer as set out in this Directive . 18 However, in addition to the European Convention, Article 7 of the Charter of Fundamental Rights of the European Union also provides guarantees, according to which ‘ everyone has the right to respect for his or her private and family life, home and communications. ’ 19 In a broader sense, the existence of attorney-client privilege is also among the fundamental principles of Convention, e.g., the ECtHR’s decision in Petrov v. Bulgaria of 22 May 2008 (Application no. 15197/02) or the ECtHR’s decision in Altay v. Turkey of 9 April 2019 (Application no. 11236/09). Similarly, cf. the Constitutional Court’s resolution of 25 November 2015, Case No. I. ÚS 3905/14. 13 For example, the ECtHR decision in Altay v. Turkey of 9 April 2019 (Application no. 11236/09). 14 On this in more detail e.g., AUBURN, Jonathan. Legal Professional Privilege: Law and Theory . Oxford: Bloomsbury Publishing Plc, 2000, p. 38. 15 For example, the ECtHR decision in Altay v. Turkey of 9 April 2019 (Application no. 11236/09). 16 On this in more detail also cf. TOMÁŠEK, Michal., ŠMEJKAL, Václav et al. Treaty on the EU. Treaty on the Functioning of the EU. Charter of Fundamental Rights of the EU. Commentary . Prague: Wolters Kluwer ČR, 2022, p. 1616. 17 Decision in Sorvisto v. Finland of 13 January 2009 (Application no. 19348/04). 18 For more details see e.g.,KOVÁŘOVÁ, Daniela, HAVLÍČEK, Karel, NĚMEC, Robert, SOKOL, Tomáš, SYKA, Jan, UHLÍŘ, David, ŽIŽLAVSKÝ, Michal. The Law on Advocacy and Statutory Regulations. Commentary . Prague: Wolters Kluwer, a.s., 2017, p. 316. 19 E.g., Judgment of the CJEU of 8 December 2022, Orde van Vlaamse Balies and Others (C-694/20); Opinion of Advocate General Juliane Kokott in Case C-432/23 Ordre des avocats du Barreau de Luxembourg.

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