European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

Directive No 98/5 of 16 February 1998 enables European lawyers practising under their home-country professional title and who have effectively and regularly pursued for a period of at least three years an activity in the host Member State in the law of that State, including EU law, to be treated as a lawyer of the host Member State (Art. 10). Access to the profession of lawyer becomes quasi-automa …

Like treatment as a lawyer of the host Member State

Directive No 98/5 of 16 February 1998 enables European lawyers practising under their home-country professional title and who have effectively and regularly pursued for a period of at least three years an activity in the host Member State in the law of that State, including EU law, to be treated as a lawyer of the host Member State (Art. 10). Access to the profession of lawyer becomes quasi-automatic on expiry of that period after verification of the professional experience acquired in the State. Integration to the profession is no longer subject to a adaptation period of a maximum of three years or an aptitude test such as was provided in Directive No 89/48 of 27 November 1991 , since repealed and replaced by the general Directive No 2005/36 of 7 September 2005 on the recognition of professional qualifications , even though the possibility of recourse to that system of recognition of qualification still exists. A lawyer who gains admission to the profession of lawyer in the host Member State is entitled to use the professional title corresponding to the profession of lawyer in the host Member State alongside his home country professional title, expressed in the official language or languages of his home Member State (Art. 10(6)).

The “effective and regular pursuit” of the activity means actual exercise of the activity without any interruption other than that resulting from the events of everyday life" (Art. 10(1)). Since such effective and regular pursuit of the activity, to which like treatment in the host country of lawyers from other Member States is subject, allows lawyers to become familiar with the language or languages of that Member State, the Court of Justice considers that a proficiency test in the language of the host Member State is not justified with regard to the provisions of Directive No 98/5 . In order to show the effective and regular pursuit of the activity, the lawyer must provide all relevant information and documentation, in particular relating to the number and nature of matters handled. Requests may be made for further information or clarification to be provided verbally or in writing. Reasons must be given for a decision by the competent authority not to grant authorization where proof of the effective and regular pursuit of the activity is not provided, and is subject to appeal under domestic law . A lawyer having practised in the host Member State for a period of at least three years but for a lesser period in the law of that Member State may still obtain admission to the profession of lawyer by virtue of any knowledge and professional experience of the law and any attendance at lectures or seminars on the law of the host Member State, including the rules regulating professional practice and conduct. Assessment of the lawyer's capacity to continue the activity he has pursued there is carried out by means of an interview with the competent authority of the host Member State in order to verify the regular and effective nature of the activity pursued. Reasons must be given for the decision to authorize or to refuse and the decision is subject to appeal under domestic law (Art. 10(3)).

Lastly, for reasons relating to public policy especially in the event of disciplinary proceedings, complaints or incidents of any kind, the competent authority of the host Member State may, by reasoned decision subject to appeal under domestic law, refuse to authorize the lawyer .

Directive on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration, OJCE L 19 of 24 January 1989, 16-23.

Case C-506/04 Graham J. Wilson [2006] ECR I-8613, LawLex200900001011JBJ, pt 76.

European Business Law

150. Like treatment as a lawyer of the host Member State

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

150. Like treatment as a lawyer of the host Member State

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise