SERVICES: LEAVE US OUT OF DIRECTIVE, LAWYERS DEMAND.
Position | Brief article |
The CCBE notes that under Directive 77/249/EEC, lawyers can already provide their services in other member states without having to notify the local bar. Under Directive 98/5/EC, lawyers can establish themselves in another member state provided they register with the host state bar. Moreover, they can practice under their home state title and give advice on their home or host state's law as well as EU, third country or international law. "That is very far-reaching and is one of the most liberal legal services regimes in the world", it says.
The legal profession is keen to close a loophole in Article 17 (country-of-origin principle derogations) which they fear will allow non-lawyers to give legal advice in countries where only lawyers are allowed to do this. For example, in the United Kingdom non-lawyers can provide certain legal services whereas in Germany they cannot. The CCBE wants member states to be able to keep their own national regimes, arguing it is in the interest of the consumer.
It also suggests an amendment...
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