(da www.servizi-legali.it )
Riporto l'indice del rapporto dell'Università di Maastricht intitolato "Evaluation of the legal framework for the free movement of lawyers"(finanziato dalla Commissione europea e rilasciato il 28 novembre 2012).
"Contents
Executive Summary
A Introduction
B Results of the Study
C Main Conclusions
1 Introduction and Research Method
1.1 Introduction to the Legal Framework
1.2 Research Objectives and Success Criteria 1.3 Research Method
1.4 Structure of this Report
2 The Legal Framework for the Free Movement of Lawyers
2.1 The Profession of Lawyer in the European Union
2.2 The Lawyers’ Services Directive (77/249/EEC)
2.3 The Lawyers’ Establishment Directive (98/5/EC)
2.4 The Professional Qualifications Directive
2.5 Other Relevant Directives
2.6 Overview of the Legal Framework
2.7 Systemic Barriers
3 Implementation of the Lawyers’ Directives
3.1 Introduction
3.2 Implementation at the European Level
3.3 Implementation in the Member States
3.4 Summary and Concluding Remarks
4 Results of the Legal Framework
4.1 Introduction
4.2 Temporary Cross-Border Services
4.3 Establishment in another Member State
4.4 Admission to the Profession of another Member State
4.5 Barriers and Difficulties
4.6 Summary and Conclusions
5 Impact of Lawyer Mobility
5.1 Introduction
5.2 Meeting the Needs of Clients
5.3 Economic Impact on the Legal Sector
5.4 Other Impacts
6 Recent Developments
6.1 Introduction
6.2 Developments on the European Level
6.3 Regulatory Reforms in Member States
6.4 Technological Developments in the Legal Sector
6.5 Summary and Conclusions
7 Main Conclusions of the Study
7.1 Assessment of the Success of the Directives
7.2 Continuing Relevance of the Lawyers’ Directives."
Si legge a pag. 88:
"The case of Spanish Lawyers in Italy
In Italy, a frequent practice has been observed in both the country study and in a case study researching the cooperation between the different regional bars in Italy. The information is corroborated by interviews held with Italian law firms. In Italy, there is a trend of Italians who qualify, much like Mr.
Koller mentioned earlier, as an abogado in Spain, after which they return to Italy to practise under the
home country professional title. This was more attractive since Spain did not require a professional
training until recently. In the view of the Italian bars this constituted abuse of the freedoms given by
the Directive. Therefore, the bars required additional proof (such as a list of cases actually dealt with
in Spain). Although abuse of the right is theoretically possible, it is still our belief that the Italian requirements fail to honour the rules of the Directive."
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