Ban on legal advice for Russian companies to be relaxed
Published: Friday, Nov 8th 2024, 18:40
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Sanctioned oligarchs and companies from Russia should be allowed to receive legal advice again despite the current sanctions regime. After the Council of States, the responsible National Council committee is also calling for this.
The National Council's Legal Affairs Committee (RK-N) has recommended the adoption of a corresponding motion by Councillor of States Beat Rieder (center/VS) by 17 votes to 8, as reported by the parliamentary services on Friday. However, it would like to amend the text of the motion so that only legal representation would be permitted.
Overall, the Commission shares the Council of States' fears that the current sanctions regime against Russia in the area of legal advice may be disproportionate and could violate certain fundamental rights, according to the communication. Unlike the Council of States, however, the RK-N wants to differentiate between typical legal activities and purely advisory activities. Only the latter should be permissible.
Federal Council against special requests
In the eyes of the European Court of Justice (ECJ), the ban on providing legal advice to the Russian government and organizations based in Russia is valid. This can be seen from a recent ruling. Accordingly, legal representation of natural persons and legal advice in court, administrative or arbitration proceedings are still permitted.
During the autumn session, the Council of States decided that Switzerland should ease sanctions against Russia in the area of legal advice. It cited concerns about the rule of law. The next step is now up to the National Council.
The Federal Council is against easing sanctions. In the Council of States, Economics Minister Guy Parmelin warned of possible foreign policy consequences. He also feared that the sanctions measures could crumble further due to special requests.
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