Europe’s legal profession made a significant breakthrough last week when European Commission president José Manuel Barroso agreed to establish a special post of EU Commissioner for Justice, Fundamental Rights and Civil Liberties. Barroso made the concession to help secure the backing of liberal MEPs for his reappointment, which was confirmed on Wednesday.

The announcement does not, however, herald the establishment of a separate directorate general for justice, for which the Council of Bars and Law Societies of Europe (CCBE) has been lobbying. Barroso aims to establish a dual commissionership within the existing DG Justice, Freedom and Security portfolio.

Even though the latter DG has ‘justice’ in its name, it has long been perceived as preoccupied with the security and prosecutorial aspects of its brief, in particular immigration.

The CCBE has warned of a ‘justice deficit’ unless a separate DG is created. With the anticipated introduction of the Lisbon Treaty, it has stressed, work on justice will increase in importance, because the treaty offers greater impetus for judicial cooperation in criminal and civil matters, and sets an objective of adopting measures to facilitate access to justice.

CCBE secretary-general Jonathan Goldsmith welcomed the concession but said the body will continue to press for a separate DG Justice.

Goldsmith fears a dual commissionership sitting atop a combined administrative staff within the existing DG could be a ‘recipe for conflict’.

Alison Hook, head of international at the Law Society, also welcomed Barroso’s announcement. ‘If you have someone who is responsible for something [Justice] in Europe, it gets more attention,’ she said. ‘It’s a step forward.’