LAWYERS’ LEGAL PROFESSIONAL PRIVILEGE IN EUROPE

摘要

This paper aims at analyzing the professional secrecy of lawyers within European States, both theoretically and practically. The right to defence – the corollary of any real democracy –is unconceivable in the absence of the service provided by lawyers, while the rights and freedoms of people would be seriously damaged were there not a guarantee for their protection and defence, including through means specific to the lawyer’s profession. Professional secrecy of lawyers does not have a juridical or contractual nature, but a legal one; it springs from the law and it is contained in the professional status of lawyers. The purpose of this study is to underscore the similarities and differences within the legislations of the countries studied; both analysis and synthesis are fructified in the elaboration of this study. Precisely this analysis in parallel and in juxtaposition will open the way for future effective research.