Lawyers successfully lobby for exclusion from EU cross-border recognition changes

Directives replaced: exemption is an 'indication from Europe that current regime is ideal'

Lawyers have won a partial exemption from European Union plans to simplify the rules on the cross-border recognition of professional qualifications after expressing fears that it would upset the current regime for cross-border practice.

The European Commission's proposal, now under consideration by the Council of Ministers, aims to clarify the current situation for professionals by replacing 15 existing directives - but includes the exclusion for lawyers after lobbying behind the scenes.

The proposal establishes the principle of the free provision of services under a home professional title, subject to certain conditions to protect the public.

The 1977 services directive and 1998 establishment directive - which gives EU lawyers the right to establish themselves in another member state under their home professional title - have been excluded from the exercise 'since they concern the recognition not of professional qualifications but of the authorisation to practise'.

In its letter to the commission, the Law Society said it was concerned that including lawyers 'would cause alarm and disruption in a market which is already struggling to cope with radical new measures in exactly the same subject area'.

Solicitor Jonathan Goldsmith, secretary-general of the Council of the Bars and Law Societies of the European Union (CCBE), said: 'We are very pleased that after extensive lobbying of the commission, lawyers have been largely excluded from a change of requirement.

Most other professionals will be affected in some way, but this is an indication from Europe that our current regime is ideal.'

June O'Keefe, head of EU and world affairs in the Law Society's Brussels office, said: 'We felt after taking ten years to get the establishment directive in place, it would be premature to bring in further legislation for lawyers.'

However, lawyers are also covered by the 1988 mutual recognition of diplomas directive - which provides a general system to recognise professional qualifications - and this is within the scope of the proposal.

This could tighten the current situation where member states are allowed to set an adequacy test for professionals who want to requalify in those countries, as opposed to requiring them to practise for a certain period of time.

The commission is to ask states to justify the test or face having the commission decide qualification requirements.

Andrew Towler