Brussels should create an EU-wide ministry of justice to elevate the importance of the rule of law to the highest level, according to the leaders of Europe's bars and law societies.

A resolution passed at last week's annual European Bar Presidents' conference in Vienna called for 'a separate justice department... to be set up at the level of the European Commission that will monitor compliance with the guarantees for the rule of law.'


The resolution &150; which coincides with Austria's presidency of the EU and will be presented to the commission &150; highlights concerns over recent European legislation, such as the Third Money Laundering Directive and the Directive on the Retention of Data. Both, said the bar leaders, 'gave rise to concerns that the basic rights and guarantees for the rule of law are being affected'.


As a result, bar leaders said, a 'separate justice department [would] monitor compliance with the guarantees for the rule of law on a high level, as well as promote these throughout the EU'. They added: 'A well-functioning system of justice and legal certainty are also the prerequisites for a well-functioning economy.'


While generally backing the resolution, Law Society President Kevin Martin emphasised 'the need for there to be adequate funding to cover the costs of those who needed access to lawyers but who were unable to afford the fees themselves'. He indicated that Chancery Lane would be pursuing that point with the commission via the lobbying efforts of the Council of Bars and Law Societies of the EU (CCBE).