Formation 1983 President Sergio Marini | Location Brussels, Belgium Key people Board of Directors | |
Type International umbrella organisation of European national associations of company lawyers Headquarters Rue des Sols 8, 1000 Brussels, Belgium | ||
The European Company Lawyers Association (ECLA) is the umbrella organization of national associations of company lawyers in Europe. Since its foundation in 1983, ECLA has gained recognition as the leading European association for company lawyers. ECLA is a non-governmental and a non-profit organisation. ECLA provides an ideal structure for observation of the development of the profession across Europe and offers a platform for discussion, networking and lobbying on the European level. The terms company lawyer, in-house counsel/lawyer, corporate counsel, business lawyer and juriste d’entreprise in the French language, are used synonymously. They all stand for a jurist employed as a lawyer within the legal department of a company.
Contents
History of ECLA
In 1980, an organisation of company lawyers in Belgium took the initiative to contact other similar organisations in the Netherlands, England and Wales, Germany, Italy and France. These organisations began exchanging experiences and best practices on legal matters with particular reference to international business and European laws affecting the activities of their respective companies.
At the same time, company lawyers realised that the legal status of their profession was not in all European countries identical. In the UK and Germany company lawyers could be admitted to the national Bar, or to other professional associations (such as the Law Society), while in Belgium, France and Italy that was not permitted. So there were various regimes for company lawyers in the various Member States.
In 1983, ECLA was formed in Belgium as a private non-profit international association following the decision in the A.M.&S. case by the Court of Justice in Luxembourg, which denied the legal professional privilege (LPP) to the company lawyers in an antitrust case.
By 1990, ECLA’s membership had grown significantly and included the organisations of company lawyers in Belgium, Denmark, Germany, Finland, France, Italy, the Netherlands, Scotland, England and Wales.
After 1999 national organisations of company lawyers from Central and Easter European associations of company lawyers were admitted to ECLA membership.
ECLA celebrated the 30th anniversary of its existence in 2013 in Brussels. It was huge event with number of participants from the whole legal community, past and actual presidents and officers of ECLA and representatives from all National associations.
The General Assembly of the European Company Lawyers Association which was held in Tallinn on 30 May 2014 gave the main emphasis to the presentation of the White Paper on Independence of Company Lawyers. The White Paper on Independence of Company Lawyers was represented officially a day before, on 29 May on a conference "The Position of the Company Lawyer in the European Union" organized by the Estonian Association of Corporate Lawyers.
The principal goals of ECLA
The principal goals of ECLA were the recognition and acceptance of the company lawyers' profession in Europe: two court decisions of the European Court of Justice were of paramount importance for ECLA, i.e. the A.M.& S case in 1982 and the AKZO Nobel case in 2010, both on the issue of professional legal privilege for company lawyers. The purpose of ECLA as laid down in the 1990 by-laws:
In 1995 ECLA presented a position paper to the European institutions, especially the Commission’s DGIV, to attract their attention on the company lawyers’ status in Europe. It contained a description of the company lawyer’s role and function, insisting on the concept of independence, a description of ECLA and its members, and concluded with ECLA’s proposals, reported below in summary:
In house counsel at major corporations are emerging as corporate leaders.
Professional legal privilege documents
In-house lawyers - issues of ethics and independence (1997); Legal privilege versus secret professional (1997); Position paper - Legal privilege for in-house lawyers (1997); Position paper -updated - Commission´s proposal (2000); The case for in-house legal privilege in EC law (2001); Legal privilege before national competition authorities (2001); Human rights implication of privilege denial (2002); The situation of in-house counsel in member states - comparative tables (2003); Position paper as featured in Global Counsel - Modernisation of Competition Law (August 2003); The position of AFJE (French association) on Legal Confidentiality (2003); European Parliament Vote on the Merger Regulation & Legal Privilege (2003); Statement of the United States Council for international business, Protecting the confidentiality of communications between a corporation and a lawyer employed by the corporation, May 24, 2005; International Chamber of Commerce position paper : competition law and legal privilege June 16, 2006; In-House Counsel and the Attorney-Client Privilege - A Lex Mundi Multi-Jurisdictional Survey Legal Privilege Handbook 2013;