Naslov
Cross – border practice of law

Autori
Šago, Dinka

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
16th International Scientific Conference on Economic and Social Development – “The Legal Challenges of Modern World” : Book of Proceedings / Primorac, Željka ; Bussoli, Candida ; Recke, Nicholas - Varaždin : Split : Koprivnica : Development and Entrepreneurship Agency ; Faculty of Law ; University North, Koprivnica, 2016, 319-328

ISBN
9771849753006

Skup
International Scientific Conference on Economic and Social Development (16 ; 2016)

Mjesto i datum
Split, Hrvatska, 01.09.2016. - 02.09.2016

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
establishment, lawyer, Member State, professional title.

Sažetak
This paper analyzes the profession of lawyers which are experts in their own legal systems, but do not necessarily have knowledge of other legal systems. Lawyers take up a unique position when it comes to the legal regime for free movement applicable to them in the EU. Their profession is covered by a separate system of Directives: the Lawyers‘ Services Directive and the Lawyers‘ Establishment Directive. Both Directives have largely been implemented correctly in the Member States. As far as irregularities are concerned, these are most notably encountered with regard to the administrative requirements for registration under the home title and to a lesser extent to the introduction of limitations on professional activity. Both Directives offer some discretionary room to the Member States in the implementation in national law, such as whether or not to use requirements of working in conjunction with local lawyers, and introduction to the court and Bar president. The requirement to work in conjunction with a local lawyer in court proceedings is implemented in almost all Member States including Croatia. The main problems encountered in cross - border practice of law in the EU seem to be more associated with the exercise of the right to establishment, which gives it a character of permanency. Paper analyzes some problems, first of all two legal systems existing within the territory of the EU, the continental civil law and the common law. Also, lawyers wishing to practice law in a Member State outside their language speaking area are facing potential language barriers. The third problem could lie in insufficiently good knowledge of the national law of the host Member State in which one plans to set up an establishment.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA