Legislation: Services Directive will remove restrictions

A text for the European Services Directive that includes lawyers within its scope was unanimously agreed by EU competition ministers last week.


The agreement moves the implementation of the directive - which will make it easier for solicitors to establish themselves in European markets - a step closer.


The European Parliament had expressly excluded lawyers from the directive when it was adopted last February, only for the European Commission to reinstate them in April. The legislation will clear away restrictions on fixed fees and advertising that exist in some member states.


It will also make it easier for lawyers to gain information about professional rules in other countries, with the introduction of a 'single point of contact', rather than the many different regional bars that exist in some states.


The text is now expected to receive final agreement in the coming months. EU countries will then have three years to implement it.


Law Society President Kevin Martin said: 'We broadly welcome the inclusion of lawyers within the scope of the directive. Although there is specific legislation in place in relation to lawyers, this directive will complement that by plugging some of the gaps. We will continue to make representations on this proposal to ensure that its benefits outweigh any regulatory burdens.'


The existing Lawyers Establishment Directive will take precedence over the Services Directive when there is a conflict between the two. The Council of Bars and Law Societies of Europe (CCBE), which speaks for the profession at an EU level, opposes the inclusion of lawyers in the latter, arguing that it will produce confusion where none previously existed.