Court threat as eight countries are given last chance to end lawyers' rights disputeEuropean Commission: 'potential barrier' to practice across the Union, declares BrusselsEight European countries are all facing legal action over their failure to implement the European rights of establishment directive for lawyers.Without it, solicitors working in Belgium, France, Ireland, Italy, Luxembourg, the Netherlands, Portugal and Spain could face continued problems with practising; this is the case in Portugal, where two solicitors advising ex-pats in the Algarve were threatened by police with shutting their offices (see [2001] Gazette, 18 January, 8).The European Commission announced last week that it has sent 'reasoned opinions' to each of the countries, 'requiring that they notify measures taken to implement' the directive, which they should have done by 14 March 2000.

'The failure of the member states concerned to notify implementing measures constitutes a potential barrier to the rights of lawyers to establish themselves and practise across the Union,' the Commission said in a notice of infringement procedures begun on unimplemented directives.

It is understood that the Netherlands has implemented the directive but not notified the Commission properly.

The directive gives EU lawyers a permanent right to practise in another member state under their home professional title.

The governments have two months to respond.

If they do not, or do not do so satisfactorily, the Commission will begin action to bring the countries before the European Court of Justice.

However, this could take up to two years.

June O'Keeffe, the Law Society's Brussels representative, welcomed the move.

'If there's no implementing legislation, then it's harder to insist on your rights,' she said.

'We are pleased that the Commission is taking this seriously.' The UK implemented the directive last year, but only around a quarter of the estimated 600 EU lawyers in the country have applied to register their presence, as they are required under the directive.

Failure to do so leads to a criminal prosecution and fine; unregistered lawyers also cannot recover their fees.

Neil Rose