18
MORICE v. FRANCE JUDGMENT
by third parties, and as an indispensable participant in the fair administration of
justice. By embodying all these elements, the lawyer, who faithfully serves his or her
own client’s interests and protects the client’s rights, also fulfils the functions of the
lawyer in Society – which are to forestall and prevent conflicts, to ensure that
conflicts are resolved in accordance with recognised principles of civil, public or
criminal law and with due account of rights and interests, to further the development
of the law, and to defend liberty, justice and the rule of law’. As it is stated in
paragraph 1.1 of the Code of Conduct for European Lawyers of the CCBE, respect for
the lawyer’s professional function is an essential condition for the rule of law and
democracy in society. The UN Basic Principles on the Role of Lawyers state that
adequate protection of the human rights and fundamental freedoms to which all
persons are entitled, be they economic, social and cultural, or civil and political,
requires that all persons have effective access to legal services provided by an
independent legal profession. Principle 12 stipulates that lawyers shall at all times
maintain the honour and dignity of their profession as essential agents of the
administration of justice.
7. Judges and lawyers must be independent in the exercise of their duties, and must
also be, and be seen to be, independent from each other. This independence is
affirmed by the statute and ethical principles adopted by each profession. The CCJE
considers such independence vital for the proper functioning of justice.
The CCJE refers to Recommendation CM/Rec (2010)12, paragraph 7, which states
that the independence of judges should be guaranteed at the highest possible legal
level. The independence of lawyers should be guaranteed in the same way.
...
9. Two areas of relations between judges and lawyers may be distinguished:
– on the one hand, the relations between judges and lawyers which stem from the
procedural principles and rules of each state and which will have a direct impact on
the efficiency and quality of judicial proceedings. In the conclusions and
recommendations set out in its Opinion No. 11 (2008) on the quality of judicial
decisions, the CCJE pointed out that the standard of quality of judicial decisions will
clearly be the result of interactions between the numerous actors in the judicial
system;
– on the other hand, the relations which result from the professional conduct of
judges and lawyers and which require mutual respect for the roles played by each side
and a constructive dialogue between judges and lawyers.
...
19. Judges and lawyers each have their own set of ethical principles. However,
several ethical principles are common to both judges and lawyers, e.g. compliance
with the law, professional secrecy, integrity and dignity, respect for litigants,
competence, fairness and mutual respect.
20. The ethical principles of judges and lawyers should also concern themselves
with the relations between the two professions.
...
With regard to lawyers, paragraphs 4.1, 4.2, 4.3 and 4.4 of the CCBE Code of
Conduct for European Lawyers express the following principles: a lawyer who
appears, or takes part in a case, before a court or tribunal must comply with the rules
of conduct applied before that court or tribunal. A lawyer must always have due