Last Thursday, the Institute of Company Lawyers, together with the European Company Lawyers Association (ECLA) and the Federation of Enterprises in Belgium (VBO/FEB), organised the presentation to the Belgian press of the ECLA white paper “Company Lawyers: independent by design” by means of a (well-attended) round table. The event was moderated by Hugo De Maertelaere of LexGO.
The idea for the ECLA white paper originated when confronted with the fact that, at the level of the European institutions (in particular the European competition authorities) as well as in many Member States, there is a notable and incomprehensible opposition to effectively recognise the function of a company lawyer and create a legal and deontological framework.
The ECLA white paper follows a comparative method, with contributions of 60 authors from 23 countries (from within and outside the EU). It presents broadly supported conclusions in the form of 20 recommendations for a formal recognition of the company lawyer function, based upon the independence of the function and legal privilege.
Philippe Coen, Honorary President of ECLA and initiator of the white paper, was met with much approval from the audience and the other members of the panel when he pleaded passionately against the refusal to recognise the independence of the company lawyer and grant legal privilege to the advice he renders to the company he/she works for. He stressed that the current situation negatively affects companies when they deploy activities within the European Union for lack of legal certainty. It prevents a proper ‘auto-policing’ approach that could prevent many competition law infringements. It also leads to company lawyers advising their employers “with the brakes” on, for risk of auto-incrimination.
Mr. Coen praised the Belgian solution for regulating the profession of the company lawyer, enacted in the law of 1 march 2000, as an example of innovation and a “very practical and robust solution for an issue that touches the major principles of the legal order.” This answers all the sceptics who hide behind the perceived complexity of the issue to avoid having to come up with solutions.
The Belgian regulation gave birth to the Institute for Company Lawyers, the protection of the professional title, the creation of a deontological code and disciplinary body and - within certain limits - the granting of legal privilege to the advice and opinions that the Company Lawyer provides to his/her company. It has proven to be very effective and workable in practice.
ECLA shall now continue to campaign with all relevant policy makers to convince them of the necessity to create a proper professional status for company lawyers in Europe.
The ECLA white paper can be obtained without charge via the Institute of Company Lawyers and is also available for download in PDF format: http://www.ecla.eu/profession/independence/ or via the Lexis Kiosk platform for mobile devices.
Philippe Coen, Honorary President ECLA
