Keywords
Summary

Keywords

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1 . FREEDOM TO PROVIDE SERVICES - COMMUNITY RULES - SCOPE RATIONE PERSONAE - NATIONAL OF TWO MEMBER STATES ESTABLISHED IN ONE STATE AND RELYING ON THE FREEDOM TO PROVIDE SERVICES IN ANOTHER - INCLUSION - LAWYERS - DIRECTIVE 77/249

( COUNCIL DIRECTIVE 77/249 )

2 . FREEDOM TO PROVIDE SERVICES - LAWYERS - DIRECTIVE 77/249 - SCOPE - LAWYER RELYING ON THE FREEDOM TO PROVIDE SERVICES IN A MEMBER STATE WHERE HE HAS BEEN BARRED FROM ACCESS TO THE LEGAL PROFESSION FOR REASONS RELATING TO THE OBSERVANCE OF PROFESSIONAL ETHICS - EXCLUSION

( COUNCIL DIRECTIVE 77/249 )

3 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - LAWYERS - ACCESS TO THE LEGAL PROFESSION - REQUIREMENT OF REGISTRATION AT A BAR - PERMISSIBILITY

( EEC TREATY, SECOND PARAGRAPH OF ART . 52 )

Summary

1 . FREEDOM OF MOVEMENT FOR PERSONS, FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES, WHICH ARE FUNDAMENTAL IN THE COMMUNITY SYSTEM, WOULD NOT BE FULLY REALIZED IF A MEMBER STATE WERE ENTITLED TO REFUSE TO GRANT THE BENEFIT OF THE PROVISIONS OF COMMUNITY LAW TO THOSE OF ITS NATIONALS WHO ARE ESTABLISHED IN ANOTHER MEMBER STATE OF WHICH THEY ARE ALSO A NATIONAL AND WHO TAKE ADVANTAGE OF THE FACILITIES OFFERED BY COMMUNITY LAW IN ORDER TO PURSUE THEIR ACTIVITIES IN THE TERRITORY OF THE FIRST STATE BY WAY OF PROVISION OF SERVICES . CONSEQUENTLY, A NATIONAL OF TWO MEMBER STATES WHO IS ADMITTED TO PRACTISE AS A MEMBER OF THE LEGAL PROFESSION IN ONE OF THOSE STATES MAY RELY ON THE PROVISIONS OF DIRECTIVE 77/249 IN THE TERRITORY OF THE OTHER STATE WHERE THE CONDITIONS FOR THE APPLICATION OF THAT DIRECTIVE, AS DEFINED THEREIN, ARE SATISFIED .

2 . DIRECTIVE 77/249 MUST BE INTERPRETED AS MEANING THAT ITS PROVISIONS MAY NOT BE RELIED UPON BY A LAWYER ESTABLISHED IN ONE MEMBER STATE WITH A VIEW TO PURSUING HIS ACTIVITIES BY WAY OF THE PROVISION OF SERVICES IN THE TERRITORY OF ANOTHER MEMBER STATE WHERE HE HAD BEEN BARRED FROM ACCESS TO THE LEGAL PROFESSION IN THE LATTER MEMBER STATE FOR REASONS RELATING TO DIGNITY, GOOD REPUTE AND INTEGRITY .

3 . ARTICLE 52 OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT A MEMBER STATE WHOSE LEGISLATION REQUIRES LAWYERS TO BE REGISTERED AT A BAR MAY PRESCRIBE THE SAME REQUIREMENT FOR LAWYERS WHO COME FROM OTHER MEMBER STATES AND WHO TAKE ADVANTAGE OF THE RIGHT OF ESTABLISHMENT GUARANTEED BY THE TREATY IN ORDER TO ESTABLISH THEMSELVES AS MEMBERS OF A LEGAL PROFESSION IN ITS TERRITORY .