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The article has clearly overlooked the requirement that authorisation to practice in Ireland is based on nationality.

In order to gain the authority to practice as a Solicitor in Ireland, you are first required to obtain a Certificate of Admission from the Law Society of Ireland. The application form for a Certificate of Admission requires that you prove you are a national of an EU or EFTA Member State.

After Brexit, UK nationals will lose the benefit of all EU law, including Directive 98/5/EC upon which the authorisation to practice in an EU/EEA Member State is based. This means that, after Brexit, UK lawyers, as non EU/EEA nationals, may well not be able to exercise the CJEU Right of Representation on the basis that they no longer have the right to practice before the courts of an EU Member State. To allow otherwise, would run contrary to the EU’s ‘no cherry picking’ mantra.

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