91997E3770

WRITTEN QUESTION E-3770/97 by Cristiana Muscardini (NI) to the Commission (21 November 1997)

Subject: Admission to the legal profession

Liberalization of the legal profession in Europe poses a serious risk of systematic abuses to the extent that new law graduates might seek to obtain their qualification to practise in a country where the conditions of admission were easier and later move on to practise in another country which imposed more stringent entrance requirements.

To offset this risk, the Member States are employing exaggeratedly protective legislation and, for example, placing difficulties or complications in the way of the examinations expressly intended to convert a lawyer's qualification recognized in the Member State of origin into one valid for the host country.

Does the Commission not believe that it should draw up a Directive laying down common rules to standardize the examinations to be taken by 'migrant' lawyers and establish equal criteria, applying to all the Member States, to govern the procedures to confirm the validity of qualifications to practise in the legal profession?

Answer given by Mr Monti on behalf of the Commission (6 January 1998)

The Commission takes the view that Directive 89/48/EEC 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. )) and the forthcoming Parliament and Council Directive to facilitate practice of the profession of lawyer on a permanent basis in Member State other than that in which the qualification was obtained contain sufficient rules to make it easier for lawyers to set up in practice within the single market. It has no plans to propose a directive for standardising the aptitude test which can, in principle, be imposed by Member States under Directive 89/48/EEC. However, it will continue to ensure that the aptitude test is not used by Member States to create an excessively large obstacle to the right of establishment of lawyers.

It should be noted that, under the new Parliament and Council Directive, the aptitude test may not be imposed as a precondition of establishment by lawyers authorised to practise in another Member State. The Directive will guarantee the right of establishment under the home-country professional title on the basis of the authorisation to practise granted by the home Member State and without any verification of qualifications. It also sets out rules governing use of the host-country professional title on the basis of professional experience acquired in the Member State concerned.