European directives: the establishment of lawyers in Italy

According to the European legal harmonisation process, European lawyers are allowed to practice law in European member states other than where they have gained their qualifications. This can happen predominantly in two ways:

- by the supplying of a service
- by the establishment of that member state

In both cases, but under different conditions, the European lawyer has the right to practice law in a different member state, other than where the professional qualifications was gained. This is made possible through the European guidelines on the legal recognition of the Diploma title and other academic titles.

The European lawyer who is established in Italy conducts her or his job on a permanent basis in Italy. This means the lawyer's professional activities are conducted in Italy on a sustained basis. In addition, the laywer must be enrolled in the relevant and applicable field. The European Directive 98/5/EC regulates the right of establishment of lawyers in Europe. The italian law (Decreto legislativo 02/02/96 n.96) transformed this directive into a national law. The supplying of a service is different from the establishment of an European lawyer because it occurs on a temporary or one-off basis.

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