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ARTICLE · 24 JANUARY 2025

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Protecting Legal Professional Privilege: Insights From 2024's Landmark Judgments

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At the heart of this year's legal discourse was the critical question: do requests from authorities override legal privilege, or do such actions infringe upon fundamental human rights...

MaltaLitigation, Mediation & Arbitration
Davinia Cutajar
Davinia Cutajar
Emma Mifsud
Emma Mifsud
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The year 2024 has been a pivotal turning point for the legal profession, particularly in the realm of legal professional privilege.

At the heart of this year's legal discourse was the critical question: do requests from authorities override legal privilege, or do such actions infringe upon fundamental human rights, specifically Article 8 of the European Convention on Human Rights and Article 7 of the Charter of Fundamental Rights of the European Union?

In July, the Court of Justice of the European Union (CJEU) tackled this issue in the case of Belgian Association of Tax Lawyers and Others v Premier ministre/Eerste Minister (C-623/22).

The Court was asked to determine whether, under Article 7 of the Charter, the notification obligations under Article 8ab(5) of the amended Directive 2011/16 could validly apply to intermediaries who are not lawyers but are bound by legal professional privilege under national law. The CJEU concluded that while certain

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