CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ LAWYER’S CONFIDENTIALITY ȍLAWYER’S SECRECYȎ IN THE CASE LAW … proceedings has been committed; or when there are reasonable grounds for suspecting a serious breach of procedural rules). The duty of confidentiality is a prerequisite for the provision of legal aid and must be respected by all public authorities (including prosecuting authorities) in a democratic state governed by the rule of law. It is an institution designed to protect the interests of clients. The duty of confidentiality is a legal obligation. Thus, interference with the independence of the practice of law threatens not only the foundations of a democratic state governed by the rule of law, but also, as it turns out, the fundamental objective of criminal proceedings, which is the proper clarification of the facts of the case, which is a prerequisite for a fair decision on guilt. In the author’s opinion, the regulation of the legal duty of confidentiality in the Czech Republic in the light of the planned amendment to the Advocacy Act will thus better meet the Czech Republic’s obligations under international law. In particular, the Czech legislation will better comply with the binding case-law of the European Court of Human Rights 45 and CJEU. 46

45 The European Court of Human Rights, for example, in its decision in the case of Oferta Plus S.R.L. v. Moldova of 19. 12. 2006 (Application no. 14385/04) and in connection with the above-mentioned decision of the ECtHR in the case of Campbell v. The United Kingdom of 25.3.1992 (Application no. 13590/88). 46 The right to effective legal protection and a fair trial under Article 47 TFEU (e.g., CJEU judgment of 8 December 2022, Case C-6945/20 Orde van Vlaamse Balies and Others ).

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