French Council of State (Conseil d’État), No. 490505, 3 March 2025

The prohibition imposed on the professional association of French lawyers from wearing distinctive signs alongside the gown is legitimate and proportionate.

Art. 3 Law No. 71-1130 of December 31, 1971

Art. 9 ECHR
Art. 10 ECHR

Art. 18 International Covenant on Civil and Political Rights
Art. 19 International Covenant on Civil and Political Rights

1. The decision adopted by the National Bar Council, which introduced amendments to the internal regulations of the Bar Association, constitutes a legitimate exercise of the Council’s regulatory authority. The prohibition imposed on French lawyers from wearing distinctive signs alongside the gown indeed derives directly from legislative sources, specifically Article 3 of the Law of 31 December 1971, which mandates the adoption of a uniform attire for the Bar. Consequently, the decision of the National Council dated 7 September 2023 merely serves to clarify this provision legitimately and should therefore not be annulled, as it does not constitute an abuse of power.

2. The National Bar Council amended the internal regulations by introducing an explicit prohibition against wearing distinctive signs together with the gown, thereby pursuing legitimate objectives of neutrality and equality before the law. The obligation of neutrality, in addition to facilitating the effective defense of clients, guarantees the right to a fair trial and thus complies with Articles 9 and 10 of the European Convention on Human Rights and Articles 18 and 19 of the International Covenant on Civil and Political Rights.