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  • 1.
    Karlsson, Pernilla
    Jönköping University, Jönköping International Business School, JIBS, Commercial Law.
    Fri rörlighet för jurister inom Europeiska unionen: Vilka krav ställs för att få utöva juristyrket i en annan medlemsstat?2010Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
    Abstract [en]

    One of the fundamental rights to be ensured all the lawyers in the Union is the free movement. A lawyer can exercise his freedom of movement by either rely on the free movement of persons, services or establishment. The profession of lawyers is a regu-lated legal profession and the development of regulated legal professions started in 1974 by law from the COJ. After this the development has continued and a frequent issue in the case law is what requirement that is required of lawyers who intend to exercise their freedom of movement. The purpose of this paper is therefore to investigate which re-quirements beside the professional qualifications that a lawyer already received from a Member State that is necessary in order to exercise the profession of lawyers in another Member State. The paper also investigates if the requirements which the Member States imposes on the lawyer are compatible with the free movement. Member States have the right to put up requirements on foreign lawyers who wish to offer their services in the Member State in order to ensure that the services reach a certain level of quality. Mem-ber States may require that the lawyer should obtain certain professional qualifications and a professional conduct. The requirements are intended to protect lawyer's clients from such as inadequate advice and the requirements must be necessary for the exercise of the profession in the Member State. When Member States sets requirements in order to exercise the profession of lawyers they have to take into account the professional qualifications that the lawyer has already received by doing an equivalent assessment. The equivalent assessments purpose is to compare the lawyer’s professional qualifica-tions and the professional qualifications that are required in order to exercise the profes-sion in the Member State and to decide if the professional qualifications are equate. If the professional qualifications are equate the lawyer shall be entitled to exercise the le-gal profession under same conditions as national lawyers and then may the States only impose requirements on the lawyer's conduct. That no additional requirements are al-lowed when the lawyer has the knowledge that is required for that profession in the Member States is compatible with the free movement. When the equivalent assessment shows that the professional qualifications clearly differ can the State demand that the lawyer implements a compensating measure as an adaptation period or an aptitude test. The aim of a compensating measure is to give the lawyer an opportunity to prove that he has the knowledge that is required in order to exercise the legal profession in the State. The fact that Member States require compensatory measures instead of requiring that the lawyer must undergo a national law school is compatible with European Union law. It can even be said that the compensating measures benefit the free movement of law-yers within the European Union.

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