This landmark decision has since been reported by the BRAK, the Federal Bar Association of Germany. In its commentary, BRAK highlighted the importance of this judgment for legal practitioners across Europe, underscoring the principle that any intrusion into a lawyer’s professional environment must be strictly regulated and accompanied by appropriate judicial oversight. BRAK noted that the ruling reinforces the fundamental role of lawyer-client confidentiality in the rule of law and serves as a cautionary precedent against state overreach into protected legal communications.
The case in question, Kulák v. Slovakia (Application no. 57748/21), was decided by the European Court of Human Rights (ECtHR) on 3 April 2025. The Court found that the search of a Slovak lawyer’s office and the seizure of his work computer, carried out without a written warrant and merely based on a prosecutor’s telephone consent, violated Article 8 of the European Convention on Human Rights. The search, which lasted nearly fifteen months, encompassed the applicant’s work computer containing sensitive client data protected by legal professional privilege.
The Court held that Slovak law at the time lacked effective procedural safeguards to protect against arbitrary interference. There was no immediate judicial review of the lawfulness of the search, nor was there a mechanism to protect confidential client data unrelated to the investigation. Although representatives from the Slovak Bar Association and the lawyer’s counsel were present during the search, their roles were found to be merely formal and lacking substantive authority to intervene.
Ultimately, the ECtHR concluded that the interference was not “in accordance with the law” as required under Article 8, given the absence of sufficient legal and procedural protections. This judgment not only affirms the inviolability of lawyer-client confidentiality but also sets a significant precedent for ensuring that searches of legal premises must adhere to the highest standards of legal oversight and necessity.