DOCSLIB.ORG

The Establishment of a Cross-Border Legal Practice in the European Union Florence R

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Establishment of a Cross-Border Legal Practice in the European Union Florence R Boston College International and Comparative Law Review Volume 20 | Issue 2 Article 7 8-1-1997 The Establishment of a Cross-Border Legal Practice in the European Union Florence R. Liu Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the European Law Commons Recommended Citation Florence R. Liu, The Establishment of a Cross-Border Legal Practice in the European Union, 20 B.C. Int'l & Comp. L. Rev. 369 (1997), http://lawdigitalcommons.bc.edu/iclr/vol20/iss2/7 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. The Establishment of a Cross-Border Legal Practice in the European Union INTRODUCTION Traditionally, lawyers practice law in the country where they com­ pleted their legal studies. This practice, though still present, is slowly changing in the European Union (EU),! as greater economic integra­ tion leads to the greater mobility of lawyers.2 EU lawyers benefit from this increased mobility, as they may practice law in a country that is a member of the EU (Member State) in addition to the one where they obtained their legal education and license.3 In practice, this mobility is difficult to achieve because it requires a harmonization of legal standards among countries with different legal systems. 4 The EU's attempts to harmonize the legal profession are based on the Treaty Establishing the European Economic Community (Treaty of Rome), 5 which established as a primary goal of the EU the creation of an internal market without internal frontiers, where goods and services are to be traded freely and easily.6 To this end, the Treaty of Rome grants every EU national the "Freedom to Provide Services" and the "Right of Establishment" in another Member State.7 The Freedom to Provide Services envisions the gradual abolishment of restrictions on the free supply of temporary services within the EU.s The Right of Establishment includes the "right to take up and pursue activities as I The European Community (EC) became the European Union (EU) when the Treaty on European Union, signed in Maastricht, the Netherlands, came into force in November 1993. See TREATY ESTABLISHING THE EUROPEAN COMMUNITY, Feb. 7, 1992, OJ. (C 224) 1,31 I.L.M. 247. For purposes of consistency, this Note will refer to the pre-November 1993 EC as the EU. 2 See Jonathan Barsade, The E,lfect of EC Regulations upon the AiJility of u.s. Lawyers to Establish a Pan-European Practice, 28 INT'L LAW 313, 313 (1994). 3 See Council Directive 77/249, 1977 OJ. (L 78) 17, 17 [hereinafter Directive 77/249]. 4 See Barsade, supra note 2, at 313. 5 See TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, opened for signature Nov. 23,1957,298 U.N.T.S. 11 (entered into force Jan. 1, 1958) [hereinafter EEC TREATY]. 6 See id. art. 3(c). Pursuant to Article 3(c) of the EEC Treaty, the abolition, as between Member States, of obstacles to freedom of movement for persons and services constitutes one of the objectives of the European Union. See id. 7 See id. arts. 52, 59. H See id. art. 59(1). 369 370 BOSTON COLLEGE INTERNATIONAL & COMPARATIVE LAw REVIEW [Vol. XX, No.2 self-employed persons" on a permanent basis in the host Member State.9 The drafters of the Treaty of Rome reasoned that these goals, in the context of the legal profession, reduce transactional costs and ensure the flow of services, thus rendering legal services available to clients in all Member States at all times.lO Furthermore, as lawyers play an in­ creasingly important role in business transactions, many of which in­ volve more than one Member State, the EU increasingly needs lawyers with cross-border practices. 11 While supporting these policies, each Member State seeks to maintain its sovereignty.12 As such, the EU institutions find themselves in the difficult position of establishing rules and regulations that will further legal integration while acknow­ ledging and appreciating the differences among Member States.13 In the legal profession, the EU attempted to resolve these tensions by passing a series of directives aimed at facilitating the mobility of lawyers among the Member States.14 In March 1977, the Council of Ministers (Council) 15 passed a directive to facilitate the development of legal services.16 This directive, though a major step in building a framework for a cross-border legal practice within the EU, is limited in scope.17 Thus, in December 1988, the Council passed a directive for the mutual recognition of higher-education diplomas. IS Furthermore, in March 1995, the European Commission (Commission) 19 submitted 9 EEC TREATY, art. 52(2). 10 See Barsade, supra note 2, at 314. 11 See Proposal for a European Parliament and Council Directive to Facilitate Practice of the Profession of Lawyer on a Permanent Basis, 1995 OJ. (C 128) 6, 6 [hereinafter Proposed Directive ]. 12 See Barsade, supra note 2, at 313. 13 See id. 14 See generally Council Directive 89/48,1989 OJ. (L 19) 16, 16 [hereinafter Directive 89/48]; Directive 77/249, supra note 3; Proposed Directive, supra note 11. 15 The Council of Ministers is composed of ministers from each Member State and is organized according to the subject matter to be discussed. See RALPH FOLSOM, EUROPEAN COMMUNITY LAw 39 (1992). It reviews and then approves or rejects the proposals of the European Commission. See Kenneth S. Kilimnik, Lawyers Allroad: New Rules Jor Practice in a Global Economy, 12 DICK. J. INT'L L. 269, 294 (1994). 16 See Directive 77/249, supra note 3. 17 See Nicholas J. Skarlatos, European Lawyer's Right to Transnational Legal Practice in the European Community, 1 LEGAL ISSUES OF EUR. INTEGRATION 49, 55 (1991). 18 See Directive 89/48, supra note 14. 19 The European Commission consists of 20 members: two each from France, Germany, Italy, Spain, and the United Kingdom, and one from each of the other EU countries. See DOMINIK LASOK AND JOHN W. BRIDGE, AN INTRODUCTION TO THE LAw AND INSTITUTIONS OF THE EURO­ PEAN COMMUNITY 105-09 (1973). It is responsible for proposing and implementing EU laws. See id. 1997] CRoss-BoRDER LEGAL PRACTICES 371 a proposal for a European Parliament and Council Directive to facili­ tate the practice of law on a permanent basis in different Member States.20 This Note examines the EU and its progressive attempts at harmoni­ zation of legal standards. Part I discusses the Treaty of Rome, which provides for the Freedom to Provide Services and the Right of Estab­ lishment in the EU, and examines its relationship to the EU legal market. Part II outlines the various directives and the proposed direc­ tive, all of which are designed to facilitate the movement ofEU lawyers among Member States. Part III examines the limited impact of these initiatives on EU lawyers and suggests a few ways to lessen the internal disparities that continue to plague the EU legal market. 1. THE TREATY OF ROME Article 59 of the Treaty of Rome grants every EU national the freedom to provide services throughout the EU.21 Specifically, Article 59 provides that the "restrictions on freedom to provide services within the [EU] shall be progressively abolished ... in respect of nationals of Member States who are established in a [Member] State ... other than that of the person for whom the services are intended."22 Subsequent interpretations of Article 59 have limited its scope to the provision of non-regular and temporary services within the EU.23 Included within the scope of Article 59 is the provision of legal services, that is, the temporary legal activities of a lawyer of one Member State in another Member State.24 To this end, Member States may not discriminate against lawyers who provide legal services, based solely on that lawyer's citizenship.25 In addition, Member States must abolish all restrictions that impede or make impossible the services of a lawyer who is domi­ ciled in that Member State.26 While Article 59 governs the temporary provision of services, Articles 52 through 54 grant every EU national the right to establish a perma­ nent practice or business in another Member State.27 To this end, the 20 See Proposed Directive, supra note 11. 21 See EEC TREATY art. 59. 22Id. 23 See Christian E. Edye, Foreign Lawyers in Foreign Jurisdictions: Rights of Practice and Estab- lishment, DEF. COUNSELJ.,July 1996, available in LEXIS, Legnew Library, Allnws File. 24 See id. 25 See id. 26 See id. 27 See EEC TREATY arts. 52-54. 372 BOSTON COLLEGE INTERNATIONAL & COMPARATIVE LAW REvIEW [Vol. XX, No.2 Right of Establishment includes the right to engage permanently in and carryon non-wage earning activities and to establish and manage permanent enterprises, particularly companies under civil or commer­ cial law, including co-operative companies and other legal persons under public or private law. 28 By defining the Right of Establishment broadly to include legal persons under public or private law, the Treaty of Rome implicitly provides for the development of an ED legal market in which ED lawyers may establish their legal practices in different Member States.29 To implement these goals, the drafters of the Treaty of Rome envi­ sioned a progressive elimination of restrictions on the right of nation­ als of one Member State to reside and practice their professions in another Member State.30 This progressive elimination of restrictions also
Load more

Recommended publications
  • Divulgação Bibliográfica
    Divulgação bibliográfica Julho/Agosto 2019 Biblioteca da Faculdade de Direito da Universidade de Coimbra Sumário BASES DE DADOS NA FDUC ........................................................................................ 4 E-BOOKS .................................................................................................................. 6 MONOGRAFIAS ........................................................................................................ 52 Ciências Jurídico-Empresariais................................................................................................................. 53 Ciências Jurídico-Civilísticas ..................................................................................................................... 70 Ciências Jurídico-Criminais ...................................................................................................................... 79 Ciências Jurídico-Económicas .................................................................................................................. 82 Ciências Jurídico-Filosóficas ..................................................................................................................... 83 Ciências Jurídico-Históricas ..................................................................................................................... 88 Ciências Jurídico-Políticas ........................................................................................................................ 94 Vária ......................................................................................................................................................
    [Show full text]
  • CCBE Charter of Core Principles of the European Legal Profession
    Council of Bars & Law Societies of Europe The voice of the European legal profession Rue Joseph II, 40/8 - 1000 Brussels T +32 (0)2 234 65 10 - [email protected] - www.ccbe.eu Charter of core principles of the European legal profession & Code of conduct for European lawyers Edition 2019 The 2019 edition includes the amendments to the commentary on Principle (g) of the Charter approved by the Plenary Session on 17 May 2019. Responsible editor: Philip Buisseret Cover illustration: ©gunnar3000 - Fotolia.com The Council of Bars and Law Societies of Europe (CCBE) has as its principal object to represent its member Bars and Law Societies, whether they are full members (i.e. those of the European Union, the European Economic Area and the Swiss Confederation), or associated or observer members, on all matters of mutual interest relating to the exercise of the profession of lawyer, the development of the law and practice pertaining to the rule of law and the administration of justice and substantive developments in the law itself, both at a European and international level (Article III 1.a. of the CCBE Statutes). In this respect, it is the official representative of Bars and Law Societies which between them comprise more than 1 million European lawyers. The CCBE has adopted two foundation texts, which are included in this brochure, that are both complementary and very different in nature. The more recent one is the Charter of Core Principles of the European Legal Profession which was adopted at the plenary session in Brussels on 24 November 2006.
    [Show full text]
  • Legal Ethics
    THE GEORGETOWN JOURNAL OF LEGAL ETHICS VOL. VII, NO. 1 SUMMER 1993 AN INTRODUCTION TO THE EUROPEAN COMMUNITY'S LEGAL ETHICS CODE PART I: AN ANALYSIS OF THE CCBE CODE OF CONDUCT Laurel S. Terry ARTICLES An Introduction to the European Community's Legal Ethics Code Part I: An Analysis of the CCBE Code of Conduct LAUREL S. TERRY* I. WHO PROMULGATED THE CCBE CODE OF CONDUCT AND WHY?........................................... 5 II. To WHOM DOES THE CCBE CODE OF CONDUCT APPLY? . 10 III. WHAT Is THE BINDING FORCE OF THE CCBE CODE OF CONDUCT........................................ 11 IV. WHAT TYPE OF CODE Is THE CCBE CODE OF CONDUCT? . 15 V. AN ANALYSIS OF THE SUBSTANTIVE PROVISIONS OF THE CCBE CODE OF CONDUCT. 17 A. A Description of the Contents of the CCBE Code of Conduct...................................... 18 B. A Discussion of the Substance of the CCBE Code. 18 1. The "Preamble" of the CCBE Code . 19 2. The "General Principles" in the CCBE Code . 23 * Professor of Law, The Dickinson School of Law. B.A. 1973, University of California, San Diego; J.D. 1980, University of California, Los Angeles. I would like to thank the Fulbright Commission for a research grant to work on this article and the innumerable individuals who provided assistance or information, including Dorothy Margaret Donald-Little, Drs. Nicholas and Julie Simon, Dr. Peter Fischer, and the officials of the CCBE, especially including John Toulmin, Q.C., Msr. Denis de Ricci, Dr. Karl Hempel, Dr. Georg Frieders, and Mmse. Janice Webster. In addition, I would like to thank Professor Roger Goebel, Dr.
    [Show full text]
  • The European Court of Justice at Work: Comparative Law on Stage and Behind the Scenes
    Journal of Civil Law Studies Volume 13 Number 1 2020 Article 2 9-28-2020 The European Court of Justice at Work: Comparative Law on Stage and Behind the Scenes Michele Graziadei Follow this and additional works at: https://digitalcommons.law.lsu.edu/jcls Part of the Civil Law Commons Repository Citation Michele Graziadei, The European Court of Justice at Work: Comparative Law on Stage and Behind the Scenes, 13 J. Civ. L. Stud. (2020) Available at: https://digitalcommons.law.lsu.edu/jcls/vol13/iss1/2 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Journal of Civil Law Studies by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. THE EUROPEAN COURT OF JUSTICE AT WORK: COMPARATIVE LAW ON STAGE AND BEHIND THE SCENES Michele Graziadei∗ I. Introduction ................................................................................. 2 II. Multilingualism, Translation, and Interpretation at the ECJ ...... 6 III. Comparative Law and the Search for Shared Meaning in European Law ............................................................................ 8 IV. The Keywords, the Concepts, the General Principles ............ 11 V. The Extraterritorial Reach of EU Law and the Comparison of Different Laws ......................................................................... 16 VI. The Transatlantic Dimensions of the Comparative Exercise . 19 VII. EU Law and the Extracontractual Liability of the European Institutions ................................................................................ 26 VIII. The “Constitutional Traditions Common to the Member States” as an Invitation to Comparative Law ........................... 28 ABSTRACT The European Court of Justice (ECJ) has often been hailed as an engine of European integration. Entrusted with the task of secur- ing the uniform interpretation of the law of the European Union— among other functions—the ECJ makes use of comparative law for a variety of purposes.
    [Show full text]
  • Equal Treatment Bench Book 2013 Contents
    Equal Treatment Bench Book 2013 Equal Treatment Bench Book 2013 Contents In this document In this document you will find the separate pieces of guidance on equality and diversity brought together for ease of reading. However, it is not a single document in reality and will be updated regularly. The Legal Framework – including the Equality Act 2010 General judgecraft principles Social exclusion and poverty Litigants in Person Age, including children and vulnerable adults Physical disability Mental disability, including mental illness Gender reassignment Race, including interpreters and travellers Religion or belief Gender Sexual orientation 2 Equality Act 2010 1. Equality Act 2010 Key points The statutory torts prohibiting discrimination and related conduct are now codified in the Equality Act 2010 which is now in force. The Equality Act 2010 sets out a clear framework for all forms of discrimination – both direct and indirect discrimination and victimisation and harassment. In addition there are obligations to make reasonable adjustments for disabled people and disabled people have the right not to be treated unfavourably because of something arising in consequence of their disability, unless it can be justified. The Equality Act 2010 encompasses the range of intrinsic aspects of human dignity, known as protected characteristics: age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex and sexual orientation. The contexts in which discrimination and other conduct is prohibited by reference to a protected characteristic is also set out comprehensively in the Equality Act 2010 – from housing, to education, employment and services and public functions. Consideration of equality issues are also brought into the heart of public sector decision making processes by the Public Sector Equality Duty which seeks to tackle institutionalised discrimination that can be hard to challenge through individual rights based litigation.
    [Show full text]
  • Employment & Labour
    Employment & Labour Law Jurisdictional comparisons Fourth edition 2012 General Editor: Siân Keall, Travers Smith LLP General Editor Siân Keall, Travers Smith LLP Commercial Director Katie Burrington Commissioning Editor Emily Kyriacou Publishing Editor Dawn McGovern Senior Editor Caroline Pearce Sub Editor Callie Leamy Published in 2012 by Sweet & Maxwell, 100 Avenue Road, London NW3 3PF part of Thomson Reuters (Professional) UK Limited (Registered in England & Wales, Company No 1679046. Registered Office and address for service: Aldgate House, 33 Aldgate High Street, London EC3N 1DL) Printed and bound in the UK by CPI William Clowes, Beccles NR34 7TL A CIP catalogue record for this book is available from the British Library. ISBN: 978-1-908239-15-0 Thomson Reuters and the Thomson Reuters logo are trademarks of Thomson Reuters. Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen’s Printer for Scotland. While all reasonable care has been taken to ensure the accuracy of the publication, the publishers cannot accept responsibility for any errors or omissions. This publication is protected by international copyright law. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, or stored in any retrieval system of any nature without prior written permission, except for permitted fair dealing under the Copyright, Designs and Patents Act 1988, or in accordance with the terms of a licence issued by the Copyright Licensing Agency in respect of photocopying and/or reprographic reproduction. Application for permission for other use of copyright material including permission to reproduce extracts in other published works shall be made to the publishers.
    [Show full text]
  • Eu:C:2006:587
    WILSON JUDGMENT OF THE COURT (Grand Chamber) 19 September 2006* In Case C-506/04, REFERENCE for a preliminary ruling under Article 234 EC by the Cour administrative (Luxembourg), made by decision of 7 December 2004, received at the Court on 9 December 2004, in the proceedings Graham J. Wilson v Ordre des avocats du barreau de Luxembourg, THE COURT (Grand Chamber), composed of V. Skouris, President, P. Jann, C.W.A. Timmermans and A. Rosas, Presidents of Chambers, J.-P. Puissochet, R. Schintgen, K. Lenaerts (Rapporteur), E. Juhász, E. Levits, A. Ó Caoimh and L. Bay Larsen, Judges, * Language of the case: French. I - 8643 JUDGMENT OF 19. 9. 2006 — CASE C-506/04 Advocate General: C. Stix-Hackl, Registrar: K. Sztranc-Sławiczek, Administrator, having regard to the written procedure and further to the hearing on 14 March 2006, after considering the observations submitted on behalf of: — Mr Wilson, by L. Lorang, avocat, C. Vajda QC, and V. Sloane, Barrister, — the Ordre des avocats du barreau de Luxembourg, by C. Ossola and C. Kaufhold, avocats, — the Luxembourg Government, by S. Schreiner, acting as Agent, and L. Dupong, avocat, — the French Government, by C. Bergeot-Nunes and G. de Bergues, acting as Agents, — the Italian Government, by I.M. Braguglia, acting as Agent, and A. Cingolo, avvocato dello Stato, I - 8644 WILSON — the United Kingdom Government, by R. Caudwell, acting as Agent, and M. Demetriou, Barrister, — the Commission of the European Communities, by A. Bordes and H. Støvlbæk, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 11 May 2006, gives the following Judgment 1 This reference for a preliminary ruling concerns the interpretation of Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ 1998 L 77, p.
    [Show full text]
  • Free Movement of Legal Professionals Within the European Union
    Una Særún Jóhannsdóttir Free Movement of Legal Professionals within the European Union -Master´s Thesis in Law - Supervisor: Dr. M. Elvira Méndez-Pinedo University of Iceland – Faculty of Law September 2009 Una Særún Jóhannsdóttir Free Movement of Legal Professionals within the European Union -Master’s Thesis in Law - Supervisor: Dr. M. Elvira Méndez-Pinedo University of Iceland – Faculty of Law September 2009 Prologue Being, myself, a law student living and studying in another country than where I pursued my law studies I have often wondered how I can transform my purely Icelandic legal diploma into a more international legal diploma. This is a difficult situation and problems arise. My knowledge is mainly based on Icelandic law, with a basic course in European law and Public International law. Furthermore, the legal profession is a highly regulated one and it has different requirements for entrance between States. In my year as an exchange student at Stockholm University I became accidently fascinated with European Union law. A basic course in EC Procedural Law took me all the way to competing in the European Law Moot Court Competition on behalf of the University. After that there was no turning back for me. With little background knowledge in the field I found it necessary to read and independently get to know EC Law. I found myself repeatedly coming across case law from the European Court of Justice concerning lawyers that were met with hindrances to their right to free movement. Hindrances to practice their legal skills in other Member States, even though the EC Treaty guarantees for all the possibility to move around and work within the Community.
    [Show full text]
  • Ethical Responsibilities and the International Lawyer: Mind the Gaps
    FRANK.DOC 11/30/00 3:45 PM ETHICAL RESPONSIBILITIES AND THE INTERNATIONAL LAWYER: MIND THE GAPS LAUREN R. FRANK* As more American lawyers are practicing abroad, the result of a growing global market, additional ethical questions are presented. More specifically, attorneys’ responsibilities have changed: in addi- tion to knowing the law, transnational attorneys must also understand the cultures, traditions, and languages of the foreign societies in which they practice. Also crucial is an understanding of foreign codes of professional conduct, which can differ markedly from the American Bar Association’s Model Rules used in the United States. In this student note, the author details relevant provisions of the Model Code, then compares them both to the codes of selected Euro- pean countries and, more broadly, to a multinational code the Euro- pean Community has fashioned. Important differences in areas such as conflicts of interest and attorney-client privilege are illustrated. Finally, the author proposes that American attorneys working abroad undergo a formal certification process to ensure their profi- ciency and understanding of these ethical issues. Suggestions for both law students and practicing attorneys are offered. I. INTRODUCTION With the proliferation of a global market and many American busi- nesses taking advantage of economic opportunities abroad, the Ameri- can legal profession similarly has expanded. American lawyers are fol- lowing their clients abroad, broadening their legal services to provide counsel to clients uncertain how to proceed in a foreign environment. In 1995, for example, U.S. international trade amounted to $753 billion in exports and $641 billion in imports.1 Correspondingly, U.S.
    [Show full text]
  • The European Civil Code: “E Pluribus Unum”
    The European Civil Code: “E Pluribus Unum” Guido Alpa* I. EUROPEAN COMMUNITY RESOLUTIONS AND THE CODIFICATION OF “PRIVATE LAW” ....................................................... 1 II. THE PURPOSES AND ADVANTAGES OF A EUROPEAN CIVIL CODE ..................................................................................................... 5 III. CRITICISM OF THE INITIATIVE ............................................................... 6 IV. PROBLEMS OF CODIFICATION ............................................................. 12 V. C ONCLUSION ...................................................................................... 13 I. EUROPEAN COMMUNITY RESOLUTIONS AND THE CODIFICATION OF “PRIVATE LAW” By resolution of May 6, 1994, the European Parliament reconfirmed the resolution made on May 26, 1989,1 concerning harmonisation of certain sectors of private law in Member States.2 The justification for this initiative is illustrated in the preamble, which states on the one hand that the communities have already proceeded with harmonisation of certain sectors of private law, and on the other * Professor of Private Law at the University of Rome “La Sapienza.” Dr.h.c. University Complutense—Hon. Master of Gray’s Inn. 1. O.G. C.158, 28 June 1989, at 400. In Germany the precursor of European codification was Konrad Zweigert, Il diritto comparato a servizio dell’unificazione giuridica europea, 1 NUOVA RIV. DIR. COMM., DIR DELL’ECONOMIA, DIR. SOCIALE 183 (1951). In Italy the precursor was Rodolfo Sacco, I problemi dell’unificazione del diritto
    [Show full text]
  • Freedom of Movement for Lawyers in the New Europe**
    CORE Metadata, citation and similar papers at core.ac.uk Provided by Southern Methodist University GREGORY SISKIND* Freedom of Movement for Lawyers in the New Europe** Since its founding by the 1957 Treaty of Rome (EEC Treaty),' the European Community (EC), has sought to achieve the unified growth and development of the economies of its Member States.2 One of the most important methods for achieving this goal has been the abolition of internal obstructions to the free movement of persons, services, goods, and capital. 3 This article focuses primar- ily on the success of the EC in abolishing obstacles to the free movement of persons by examining the ability of the EC to successfully integrate the legal professions of the twelve Member States. 4 The debate over the pace and extent of European integration has been funda- mentally altered in recent years. In 1986, the twelve Member States agreed to amend the Treaty of Rome with the Single European Act (SEA). 5 The goal of the SEA is to accelerate drastically the establishment of a single, internal market for *The author practices immigration and international corporate law at the law firm of Waller Lansden Dortch & Davis, Nashville, Tennessee. **The Editorial Reviewer for this article was Frederick Brown. 1. Treaty Establishing the European Economic Community, Mar. 25, 1957, 298 U.N.T.S. 1 (entered into force Jan. 1, 1958) [hereinafter EEC Treaty]. 2. EEC Treaty, supra note 1, art. 2 reads as follows: It shall be the aim of the community, by establishing a Common Market and progressively approximating the economic policies of Member States, to promote throughout the Community a harmonious development of economic activities, a continuous and balanced expansion, an increased stability, an accelerated raising of the standard of living and closer relations between its Member States.
    [Show full text]
  • Freedom of Choice in European Corporate Law
    Freedom of Choice in European Corporate Law t Jens C. Dammann I. IN TRO D U CTIO N ............................................................................................................................477 ........................ II. CAN THE EUROPEAN COMMUNITY GRANT FREE CHOICE? ................................... 483 A . The R eal Seat R ule ......................................................................................................483 B . R eincorporation ..............................................................................................................487 1. Corp orate L aw ....................................................................................................487 2. Taxation ..............................................................................................................490 3. Conclusions on Reincorporation ........................................................................491 C. The Need To Litigate in the State of Incorporation........................................................ 492 1. The Need To Litigate in the State of Incorporationas a Burden ........................492 2. Legal Factors that Compel the CorporationTo Litigate in the State of Incorp oration...................................................................................................... 493 3. PracticalFactors that Compel the CorporationTo Litigate in the State of Incorporation ......................................................................................................497 D. Language Barriersand
    [Show full text]