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Discuss and Examine the Free movement of Lawyers to provide services and establish a practice in another Member State of the Eur - Assignment Example

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Institution Tutor Free Movement of Lawyers within EU to provide services Course/Number Date Department Introduction The European Union law allows for free movement of attorneys from Member States to provide services within the Community. The free practice beyond national territories is imperative not only to the legal fraternity, but to various organizations and individuals who need legal assistance from one’s country of origin…
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Discuss and Examine the Free movement of Lawyers to provide services and establish a practice in another Member State of the Eur

Download file to see previous pages... Heremans (2010) indicated that by ratifying several laws the EU’s actions are geared towards integrating the national systems for legal practice within its jurisdiction. This paper is aimed at assessing the structures guiding the legal practice within the larger European Union. The main challenges facing the regulations and the implications of legal practice within the territory are also covered in this paper. In understanding these issues, the paper analyses the Treaty upon which the European Union is anchored, EU Directives on legal practices within the region, and authorities issued by the European Court of Justice (ECJ). This paper focuses on movement of legal professionals within the European Union to provide services. History of EU Regulations Hill (1995) noted that the establishment of the statutory structures for legal practice within the EU is a process that has lasted for many decades. The issue first arose in 1957 when various countries within the region signed the EU Treaty (Hill, 1995). The then Article 59 provided for the freedom to legal practice within the territory. ...
Article 50 also states that without partiality to the letter and spirit of Article 43, which confers upon EU citizens the right of establishment, a legal specialist may briefly render services in another country where the client is based, under the national legal structures of the place of service. Article 43 covers actual carrying out of economic activity in different EU Member States everlastingly by integrating into the economic system of that state (Tucker, 1997). Regardless of its unifying foundation, Giesen (2005) has noted that the EU Treaty is only the universal legal structure guiding the free movement of people and services across states within the EU and falls short of providing the finer details of service provision. In light of the EU legal limits, the invocation of the freedom of establishment is dependent upon secondary laws, which are passed to complement EU regulation of service provision in particular fields (Hill, 1995). ECJ Authorities At first, the issue of whether a legal practice needed to be excluded from the universal liberal clauses supporting freedom to offer services and the establishment of one’s self was contentious (Hill, 1995). Notably, the EC Treaty provides for exceptions only where freedom to render services and establish oneself may have an impact on execution of national government policy (Giesen, 2005). But Guild (1999) noted that the activities of legal professionals have no bearing on the implementation of government policy. In light these ambiguities the ECJ has delivered landmark rulings in favour of economic integration. Previous verdicts of the European Court of Justice (ECJ) have been imperative in setting aside the legal hindrances imposed by member states on individuals who are willing to enjoy their right to ...Download file to see next pagesRead More
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