Keywords
Summary

Keywords

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Free movement of persons - Freedom of establishment - Lawyers - Access to the profession - Obligation of Member States to examine the correspondence between the diplomas and qualifications required by national law and those obtained in the Member State of origin - Obligation to give a reasoned decision open to challenge in legal proceedings

(EEC Treaty, Art. 52)

Summary

Article 52 of the EEC Treaty must be interpreted as requiring the national authorities of a Member State to which an application for admission to the profession of lawyer is made by a Community subject who is already admitted to practice as a lawyer in his country of origin and who practices as a legal adviser in the first-mentioned Member State to examine to what extent the knowledge and qualifications attested by the diploma obtained by the person concerned in his country of origin correspond to those required by the rules of the host State. That examination must be carried out in accordance with a procedure which is in conformity with the requirements of Community law concerning the effective protection of the fundamental rights conferred by the Treaty on Community subjects. It follows that any decision taken must be capable of being made the subject of judicial proceedings in which its legality under Community law can be reviewed and that the person concerned must be able to ascertain the reasons for the decision taken in his regard.

If those diplomas correspond only partially, the national authorities in question are entitled to require the person concerned to prove that he has acquired the knowledge and qualifications which are lacking. In this regard the said authorities must assess whether the knowledge acquired in the host Member State, either during a course of study or by way of practical experience, is sufficient in order to prove possession of the knowledge which is lacking.

If the completion of a period of preparation or training for entry into the profession is required in the host Member State, the national authorities must decide whether professional experience acquired in the Member State of origin or in the host Member State may be regarded as satisfying that requirement in full or in part.