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The European Communities (Lawyer’s Practice and Services of Lawyers) (Amendment) Regulations 2008

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EXPLANATORY NOTE

(This note is not part of the regulations)

The amendments made in these Regulations are made in consequence of the Treaty concerning the accession of Bulgaria and Romania to the European Union, signed at Luxembourg on 25th April 2005 (OJ No L 157, 21.6.2005, p11). These Regulations implement the adaptations to Article 1(2) of the Council Directive No.77/249/EEC and Article 1(2)(a) of the Council Directive No. 98/5/EC made by the Council Directive 2006/100/EC (OJ No L 363, 20.12.2006, p 141).

Regulation 2 extends the definition of “European Lawyer” in the European Communities (Services of Lawyers) Order 1978 (S.I. 1978/1910) (“the 1978 Order”) to refer to Bulgaria and Romania and the national designations of lawyers in those countries. This confers certain rights to practise as a lawyer on lawyers who are nationals of, and lawyers professionally qualified in, either Bulgaria or Romania. The 1978 Order implemented Council Directive No. 77/249/EEC dated 22nd March 1977 to facilitate the effective exercise by lawyers of the freedom to provide services.

Regulation 3 extends the definition of “European lawyer” in the European Communities (Lawyer’s Practice) Regulations 2000 (S.I. 2000/1119) (the “2000 Regulations) to refer to Bulgaria and Romania and the national designations of lawyers in those countries. This confers certain rights to practise on a permanent basis as a lawyer on those lawyers authorised to practice in Bulgaria or Romania, and lawyers who are nationals of either of those countries. The 2000 Regulations implemented Council Directive No. 98/5/EC, dated 16th February 1998 to facilitate the practice of the profession of a lawyer on a permanent basis in certain Member States other than the State in which the professional qualification was obtained.

Regulations 4 makes transitional provision as to the application of the 2000 Regulations to lawyers authorised to practice in, and who are nationals of, either Bulgaria or Romania.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

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