Boost for lawyers over EU mobility

Date: 15/05/1997

By Leyla Linton

LUXEMBOURG is expected to lift its objections to a draft law which would make it easier for lawyers qualified in one EU country to practise in another.

The move makes it likely that internal market ministers will reach agreement on the proposed directive at their meeting next Wednesday (21 May). This would enable qualified advocates to give advice on the law of both their host and home countries, as well as international and EU law.

They would not have to take an aptitude test if they could prove that they had practised the law of their host country, as well as that of the Union, for more than three years.

Luxembourg had expressed reservations about the proposal, questioning whether there was a need for a specific directive for lawyers and voicing concern that it could undermine consumer protection.

But the Grand Duchy said it would go along with the plan if the European Commission drew up a report evaluating the directive's implementation after five years. The Dutch presidency has suggested extending that time-limit to eight years.

Luxembourg had also registered doubts about a clause in the proposal which would give lawyers the right to practise in a host member state indefinitely under their home-country professional title.

The original draft would have permitted this only for five years, but the European Parliament, the Economic and Social Committee and the Council of the Bars and Law Societies of the European Community all called for permanent establishment.

Athens has also voiced concern over the plan, given that the legal profession differs widely between member states, notably in Greece.

But the Dutch have reiterated their intention to achieve a common position next week, particularly since Luxembourg will take over the rotating EU presidency at the beginning of July.

At their meeting next week, ministers will discuss progress on the Robert Schuman project, aimed at raising awareness of European Community law among judges and lawyers by funding continuing training. In a 1995 poll, 67&percent; of lawyers in the Union said they considered their knowledge of EU law to be inadequate or very inadequate.