WRITTEN QUESTION P-0341/03

by Mihail Papayannakis (GUE/NGL) to the Commission

(5 February 2003)

Subject: Infringement of Directive 89/48/EEC

What does the Commission intend to do to persuade Greece to implement Directive 89/48/EEC(1) in view of the fact that Presidential Decree 52/93, which was adopted in respect of graduates in law and their access to the profession as lawyers, infringes the Directive and allows the Athens Bar Association wittingly to break the law?

(1) OJ L 19, 24.1.1989, p. 16.

Answer given by Mr Bolkestein on behalf of the Commission

(25 February 2003)

Presidential decree 52/93 has implemented in Greek law Directive 89/48/EEC(1) for the profession of lawyer. The Commission has examined this decree and concluded that it conforms to the provisions of the Directive. Directive 89/48/EEC only applies to fully qualified professionals. Diplomas as defined in Article 1 (a) of the Directive must be awarded on the completion of full professional education and training. In most Member States, a lawyer's training comprises not only a degree, but also an examination and period of in-house training. In these circumstances, graduates in law cannot be regarded as fully qualified lawyers and consequently cannot benefit from professional recognition under the Directive.

(1) Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years duration OJ L 19, 24.1.1989.