Case C-431/17 | Monachos Eirinaios v Dikigorikos Syllogos Athinon

Author (Corporate)
Series Details C-431/17
Publication Date 2017-2019
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Judgment from the Court of Justice of the European Union (CJEU) on individuals being able to exercise a profession as lawyer while also holding the status of monk.

Further information:

Monachos Eirinaios (Monk Irenaeus) requested the Dikigorikos Syllogos Athinon (Athens Bar Association, DSA) in June 2015 to enter him on the register of the Athens Bar as a lawyer having acquired the professional status in another Member State. The DSA rejected the application on the basis of provisions relating to the incompatibility between practice of the profession and the status of monk. Monachos Eirinaios challenged the decision before Greece's Symvoulio tis Epikrateias (Council of State).

The Greek Council of State asked the CJEU in September 2017 whether such prohibition is compatible with EU law. On 7 May 2019, the Court went on to interpret Directive 98/5/EC, which regulates mutual recognition of migrant lawyers wishing to practise under the professional title obtained in the home Member State. The Court concludes that national legislation which prohibits a monks who has the status of lawyer is contrary to the Directive.

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Commentary and Analysis
EU Law Analysis, 28/05/2019: ‘Can a man serve two masters’? The Court of Justice decides whether monks can be banned from being lawyers

Greek Reporter, 07/05/2019: Orthodox Monk Wins Case to Practice as a Lawyer in Greece

EUR-Lex: Judgment of the ECJ in Case C-431/17
CJEU: Press Release, 07/05/2019: Judgment in Case C-431/17 Monachos Eirinaios v Dikigorikos Syllogos Athinon

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