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Freedom for barristers-at-law to supply services. Information Memo P-22/69, April 1969

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  • Law


COMMISSION OES COMMUNAUTES EUROPEENNES. KOI,IMISSION DER EUROPAISCHEN GEMEINSCHAFTEN ' COIV1MISSIONE DELLE COMUNITA EUROPEE.COI\{MISSIE VAN DE EUROPESE GEMEENSCHAPPEN. COMMISSION OF THE EUROPEAN COMMUNITIES GROUPE DU PORTE- PAROLE SPRECHERGRUPP E GRUPPO DEL PORTAVOCE EUREAU VAN DE WOORDVOERDER S P O K E sM A N'S G RO UP.','.fi. .ii |llOII O'I|lJIORllllATIOtll INIOR|t4AIORISIHI AUFZT I Il|t'lU|llI *?, Brussels, April 1969 FR]IE-IOI,{ FOjI BASRISTEiS.AT-LAi,I To SUPPLY SEIV]CES ___ _ _ __= =====:==== The Commi.ssion ha,s recently adopted a proposed directi_ve on freedom for barr,rijr,e].,.: to suppj-y servrces. Tihe object of the proposal i_s to enable baruisters, who are na, of a. community }lember sta.te, duly called to the bar or registcred with a. court of one of the I'{ember States and exercisi_ngtheir profession there to give advice or plead throughout the whole Comrnunity territory as wel_1" rt is stressed that the proposa.l applies only to Iega1 advice and pi-eading. rn some I{ember states the profession of barrister includes activities connected with the exercise of public authority. such ac-i;ivitles are excluded from the right of establishment, andtherefore a.lso fr"om freedom to supply servi.ces, by Articre 55 of theTre.aty cf Rome. I'doreover. the activities open to a. barrister supplying services a"r"e to be exercised under the la,w of the host country. rn addition,the bencfl-ciary of the directive may only plead accompanied by a, Ia,wyer of the host country. pleading is part of the host country'slega,l system and, in particular its 1ei,a,l- procedure. The foreign lawyer may be ignora.nt of this s_l'ste'rl and prccedure; he must therefore seekthe help of a cofleagu-e from the host countrv for this part of hls activity. rn these texts the commission proposes to the council tha,t in a,ccordance wlth the freaty barristers from the six ldember sta,tes should be granted the rlght to do throughout the community territory what they may do when exercising

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