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By the time being more than 200 lawyers employed in the economy
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August 23rd : ECLA Bulletin
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No justice without independent lawyers
ECLA Press release
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Get future ready as Inhouse Counsel benefits for our European community:
Legal Departments on the Move and the Digital Legal Counsel Cetification
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Newsletter
October 2021.
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Corporate Counsel Academy
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The news from ECLA have been published under the
International Organization and Cooperation
ECLA position paper on TTIP
Interview with Mr Sergio Marini , President of ECLA
Information from United Nations Global Compact
The UNs corporate sustainability initiative about
following resources that may be of interest:
1. Guide for General Counsel on Corporate Sustainability
Together with Linklaters, the UN Global Compact recently published A Guide for General
Counsel on Corporate Sustainability, which is available at the link:
MORE
This Guide provides practical guidance and examples to in-house counsel in their emerging r
ole as key change agents in advancing corporate ustainability issues within their respective
organizations. Corporate sustainability is defined broadly by the UN Global Compact to mean l
ong-term value creation by a business in economic, social, environmental, and ethical terms.
The Guide seeks to raise the profile of General Counsel regarding the efforts they are making,
and to inspire and encourage other General Counsel and Boards, senior executives and
management of their respective organizations to take action and deliver such long-term value.
Around 40 interviews of General Counsel across the world were
conducted as part of research to produce the Guide.
2. The Business for the Rule of Law Framework
Developed together with LexisNexis, Baker & McKenzie, and other partners, this Framework
seeks to advance the rule of law by engaging responsible business (especially in house legal
counsel) in efforts to support the building and strengthening of legal frameworks and accountable
institutions where their organization operates serving as a complement to, not substitute for,
government action. 19 workshops were conducted around the world as well as one-one
interviews with General Counsel as part of consultations to develop the Framework. In addition,
over 100 examples have been gathered thus far of how in house counsel and others within
companies are leading efforts on this key corporate sustainability theme.
MORE
New president of ECLA
European Company Lawyers' Forum
Celebrating the 30th anniversary of the ECLA
26th September 2013, Brussels
PROGRAMME
PRESS RELEASE
European Registry for Internet Domains - EURID
New
president of ECLA
Preservation of Attorney Client Privilege
by Corporate Counsel
RELATED DOCUMENT
The new magazine The Global Legal Post sent us a
link for its interactive web site www.globallegalpost.com
That is a magazine providing for a review of the
global legal mass media: magazines, articles, web
sites, tweets and blogs.
You can register yourself
if you want to receive free-of-charge daily news.
If
you have comments or proposals bound the contents,
sent them and we will forward them to the magazine.
How in-house counsel in Central&Eastern
Europe select and retain their external counsel
RELATED
DOCUMENT
HOW TO IMPROVE THE POSITION OF IN HOUSE LAWYERS
Decision of the European Court of Justice
in AKZO Nobel case about Legal Professional Privilege
In
the case lead by the European Court of Justice
bound to the competition law, the decision was
reached
on 14th September, 2010 in AKZO Nobel case. The European
Court of Justice confirmed the decision of the General
Court which denied legal privilege in completion
law matters to company layers who are employed by
companies. The explanation given by the Court does
not represent a novelty that has not been already
faced. The Court started from the fact referred by
everybody talking about corporate layers and saying
that a permanent working contract represents our
dependency on the employer.
At the other hand, when an attorney-at-law represents
a company he/she is independent and that independency
gives him/her right to a privileged status when giving
legal opinions. As one of our colleagues says it
has not been a problem for the Court to reach the
decision, when it already had the equation for which
the result was known; the Court had only to explain
that result. All of us working in economy now or
those who used to work in economy, and also our colleagues
attorneys-at-law, know that the things are like that
on the paper only.
How long would last a contractual relationship between
an attorney-at-law and a company, when the attorney-at-law
was lead by the idea of independency only?
The answer is unambiguous: it would be very short.
What is than in the employment contract of a corporate
lawyer making it different from the contractual relationship
of an attorney-at-law? Nothing, especially if we
take law offices into consideration employing their
lawyers and/or attorneys-at-law.
As you can see, dear colleagues, the judgement agitated
public and our colleagues from Europe, and especially
our colleagues from America who succeeded to organise
their professional status in a logical and professional
manner and who are ready to continue the battle.
We will keep you informed on any further development
of the situation.
All of you that are interested in the judgement itself
and comments of our colleagues are invited to contact
us by e-mail or telephone for any further details. EUROPEAN COMPANY LAWYERS ASSOCIATION PRESS
RELEASE
LUXEMBOURG, SEPTEMBER 14, 2010. The European Court
of Justice has given its long awaited decision
in the AKZO Nobel case about Legal Professional
Privilege. By following the recommendation of the
Attorney
General
Ms. Kokott, the court has confirmed the decision
of the General Court which denied legal privilege
in competition law matters to company lawyers
who are employed by companies and who have only one
employer. The ECJ held that company lawyers who
are
employed
cannot act independently and therefore cannot
be treated like outside counsel. ECLA's President
Han Kooy said: "The consequences of this decision
will be that the position of company lawyers will
remain
different from the position lawyers who are working
in a law firm. Companies are not well served by this
decision since they must rely on the costly services
of law firms to communicate with their management
on European competition law matters".
The General Court decided in 2008 that European
Commission agents do not have access to these
documents without permission of the General Court.
In this
decision the ECJ explicitly states that because
of the employment relationship in-house counsel
should
not have legal privilege.
"We have waited over 30
years to get the decision of 1982 reversed and we
are now back at square one.
Therefore,we are very unhappy with the outcome says
Han Kooy from The Hague. We will thoroughly study
the motivation of the Court and will decide about
our next steps shortly".
AKZO Nobel appealed against a decision of
Commission agents taking documents from AKZO
premises near Manchester.
AKZO was joined in the case by eight intervenors:
the Netherlands Bas Association (Nederlandse
Orde van Advocaten), the International Bar Association,
the Council of Bars in the EU, the International
Bar Association, the American Corporate Counsel
Association
and the governments of the United Kingdom, Ireland
and the Netherlands.
Further information: P.C.de Jonge
at pdejonge@ecla.org or
+31 70 392 044131 or +31 6 53 50 74 77(M)
European Court denies legal professional
privilege to communications with in-house counsel
- Implications
considered on 30/09/2010
Earlier today
(14/09/2010), the European Court of Justice (the
EU's "Supreme Court") delivered the
long-awaited judgment in Akzo Nobel Chemicals
Ltd and Akcros Chemicals Ltd v Commission (Case
C-550/07
P).
In short, the Court held that the judgment of
the then Court of First Instance (now the General
Court)
in September 2007 - confirming that privilege in
EU investigations extends only to written communications
with external counsel - was correct.
Furthermore,
today the Court did not depart from the Opinion
of its Advocate General Kokott delivered
last April who held (among others) that to attract
privilege a communication must be with an independent
lawyer who is "not bound to the client by a
relationship of employment" and that the evolution
of the legal system of the EU and the arrival of
Regulation 1/2003 six years ago did not justify a
change in the case-law established by the Courts
1982 judgment in AM& S Europe v Commission.
Finally
as the Court did not revisit the question today,
the AM&S Europe v Commission case-law
according to which privilege attaches only to
communications from independent attorneys admitted
to a Bar in the
European Economic Area (EEA) continues to be
law as regards EU antitrust proceedings.
Brussels Matters
hosts the first teleconference discussion on the
implications of the Akzo ruling
on 30/09/2010 - details at www.brusselsmatters.eu
English interset in Akzo appeal
The Law Society of England and Wales has joined
ECLA in applying for permission to intervene in the
closely-watched European case Akzo Nobel that has
threatened in-house lawyers' ability to claim proffesional
privilege.
The soceity-which is the representative body for
110.000 solicitors-has written to the European Court
of Justice requesting permission to speak at a forthcoming
appeal during which Akzo Nobel, the Dutch chemicals
group, will challenge the European ruling that drew
a significant distinction between the status of in-house
and external lawyers.
It was the British subsidiary of Akzo Nobel that
was raided by the European Commission's competition
directorate-general in 2003. The commision's removal
of documents that has passed between Akzo managers
and in-house lawyers led to the original case, which
was finally decided last September, when the European
Court of First Instance (CFI) said discussions with
in-house lawyers were not covered by legal privilege.
Law Society chief executive Des Hudson described
the application to intervene as a "real step forward".
He said: "I am confident that the court will see
the merits of allowing us to participate in this
case, given the arguments we have submitted and the
longstanding experience we have of privilege issues.
It is time for the EU court to update its case law."
He added that the society would argue the CFI's decision
represents a threat to the right of clients to communicate
openly and in confidence with their in-house lawyers,
"a privilege which is crucial in the business community".
The ECI will decide whether to allow the law society
to intervene in the next few weeks. It is common
for professional bodies and other interested parties
that are not involved in a dispute to be given permission
to speak when cases are appealed.
Position of In-house lawyers
LINK
Quotes
DETAILS
08.04.2008.
"Dear Marina and Ajka,
I would have liked to write to you before (am in full immersion with the Manchester
meetings!) and try to do it now.
Let me thank you and, by you, all for the very warm welcome and for the very
effective programme in Rab over the last week end. I really enjoyed it, together
with Margaretha.
I had also the possibility to realise, eventhough I had no doubt about it, how
lively and efficient is your "young" association! And last, but not
least important, how many good singers you have!
Coming to the subject of your seminar, as I already said to Marina and others
among your associates, I believe that it is a very important one for a profession,
such as that of the in-house lawyer, neglected in many countries in Europe, including
Italy I am afraid!.
The career of the in-house lawyer and the role, function and organisation within
the company is of utmost importance, not only for the in-house lawyer himself,
but for the company she/he works for. The company needs the in-house lawyer!
And we should never forget it, when discussing with our outside counterparts.
The first president of ECLA, dr.Walter Kolvenbach, wrote a famouse book entitled "The
company legal department" (1979, Kluwer) which is considered a "Bible" for
the in-house lawyer. In his book he reported a famous answer from a head of a
company when asked what he expected from his legal department:"the impossible" And
he also reporte a sentence from Martin Lther, which i have always remembered
during my long career as an in-house lawyer:"A jurist who is only a jurist
is a poor fellow"!
Many thanks again and see you soon!
Francesco Benigni
Secretary General ECLA"
17.03.2008.
"Poštovani pravnici,
Tražila sam tekstove za seminarski rad, a koji dijelom zahtijevaju
interdisciplinarnu suradnju s korporativnim pravom. Moram priznati
da su mi članci koje nudite u sklopu Vaših stranica pomogli glede traženja
stručne literature i autore vezane za zaštitu intel. vlasništva.Također
i neki Vaši članci. Tako sam zapravo došla po prvi puta u doticaj s
Vašim web izdanjem.
Predlažem:
- Omogućiti downloadanja- "skidanje" stručnih izlaganja
s vašeg weba, u sklopu vaših radionica i predavanja (uz dozvolu predavača)
- Predavanja koji će omogućiti ; studentima, postdiplomcima i osobama
drugih struka da budu sudionici Vaših tribina.
Vidim da ste zanimljivi, niste anahroni i galerija slika s domjenka
pruža uvid koji omogućava puno povjerenje nas studenata glede Vas,
struke i kadrovskog ustroja. Dakle, komuniciramo jednako suvremeno,
ali mi bismo željeli da nam omogučite pristup i vašem stručnom znanju.
Bilo bi još idealnije kada bismo mogli skidati stručna predavanja ,
barem preko logiranja ili Vašeg dogovora s fakultetima.
Pozdrav, Laura Knezoci
studentica"
18.01.2008.
"Postovane kolege,
Povodom uclanjenja Vase udruge u ECLU, primite moje iskrene cestitke.
Na Vasim stranicama sam vidjela, procitala, da ste odrzali domjenak
dorastao trenutku. CESTITAM.
Primite jos jednom moje iskrene cestitke.
Anastazija Mestrovic, prof."
18.01.2008.
"Poštovanje,
Čestitam za pristup i korak bliže Europi. Kako sam vidio na Vašim internet
stranicama, pristup Europi ste proslavili na razini Europskih kolega.
Drago mi je da se podigao nivo samih proslava i domjenaka na jednoj
zavidnoj razini.
Premda kao pravnik nisam unutar vaše udruge,radim u privatnom odvjetničkom
uredu, bilo bi nepravedno ne čestitati na trudu i uspjehu.
Pozdrav:
Borut K.
Pravnik"
16.01.2008.
"Postovanje,
Lani sam diplomirala u Becu , pravo, gdje se i sada nalazim sa svojom
obitelji. Zaposlena sam u Becu, u banci, pravo, struka.
Pronasla sam Vase stranice i imam potrebu da vam uputim najljepse zelje
za Novu godinu.
Moji iskreni komplimenti glede Vaseg domjenka, jer je cjelokupni glamour
bio izvanredan (tako se cini izborom fotografija). Kolegama PRAVNICIMA
u banci opisala osnivanje vase udruge i ciljeve rada.
Takvi domjenci (pravnika) i u Becu su prava rijetkost, a vasa udruga
je pravi dragulj , dobar vodic za iste i slicne pravne udruge u Europi.
Pozdrav:
D. Murtic"
15.01.2008.
"Poštovana gđo Durbešić,
Kao prvo moram pohvaliti sve napore Vas i ostalih osoba koje su uložile
toliko truda da oživi ova Udruga, to treba iznimno cijeniti!!
Također, jako sam ugodno iznenađena vizualnim identitetom ove iskaznice,
pa i za to sve pohvale!
Stoga Vam priloženo šaljem svoju slikicu koja bi mogla biti upotrebljiva
za iskaznicu. Slobodno mi se javite ukoliko nije dobra, pa da nešto
novo pošaljem
Lijepi pozdrav
Barbara Majcen"
14.01.2008.
"Poštovana Daniela,
tebi i cijeloj ekipi komplimenti na prvom Newsletteru (cjelovito, pregledno,
sistematično).
Sretno dalje!
Veliki pozdrav sa Raba od Ajke!"
20.11.2007.
"Dobar dan,
Čestitke svima koji su doprinjeli ostvarenju ovog velikog, ne i jedinog,
cilja naše Udruge.
Možemo biti zadovoljni s dosada postignutim, ali moramo biti svjesni
da prave aktivnosti i afirmacija našeg rada tek slijede.
Zajedničkim radom do zajedničkog cilja, boljeg položaja i uloge korporativnih
pravnika u Republici Hrvatskoj, je poruka koju trebamo jedni drugima
uputiti i svaki od članova Udruge može u tome dati svoj doprinos.
Josipa Jurinić"
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