Moscow, April 10 (RAPSI) - The choice of a citizen to acquire the title of a lawyer in another EU member state in order to benefit from more favorable legislation does not constitute a rights abuse, Advocate General Nils Wahl opined Thursday for the Court of Justice of the European Union.
“The Lawyers’ Establishment Directive precludes the practice of refusing, on grounds of abuse of rights, to enter in the Bar Register, in the special section for lawyers qualified abroad, nationals of that Member State who, soon after obtaining the professional title in another Member State, return to their home Member State,” the statement said with reference to Wahl’s opinion.
Two Italian nationals obtained law degrees in Italy, and then obtained their legal equivalent in Spain. They enrolled as lawyers in Spain, and then requested registration as lawyers in Italy under a section of the Bar Register featuring lawyers that were qualified abroad. The application was based on the Lawyers’ Establishment Directive, which lets lawyers practice in other member states under the lawyer title in their home countries.
The Bar Council didn’t answer in time, so the two lawyers appealed to the National Bar Council.
The National Bar Council asked the Court of Justice whether the Lawyers’ Establishment Directive prevents member states from refusing to designate lawyers that obtained qualifications abroad before promptly returning home as foreign-qualified lawyers.
The directive’s purpose, Wahl reasoned, is to allow lawyers to practice in member states other than the ones they were qualified in.
“The right of nationals of a Member State to choose the Member State in which they wish to acquire their professional title is inherent in the exercise, in a single market, of the fundamental freedoms guaranteed by the EU Treaties,” the statement said.
Wahl further added that the fact that the lawyer is a national of the host member statement is immaterial to the issue.
The Advocate General further opined that the directive does not permit for a lawyer’s registration to be made contingent on the fulfillment of other conditions.
The statement explained, “If no previous experience is required in order to practice, for example, as an ‘abogado’ in Spain, there is no reason that it should be imposed in order to practice under the very same professional title (‘abogado’) in another Member State.”
Accordingly, Wahl argued that the Italian practice of refusing registration on the list to nationals that obtained a lawyer title in another member state was likely to undermine the correct functioning of the system established by the directive.
He noted, however, that if the authorities suspect fraudulent conduct. Applications should be refused if the elements of fraud are found following an investigation.
The opinion of the Advocate General is advisory and non-binding. The actual judgment will be handed down later.
