WRITTEN QUESTION No. 1682/97 by Franz LINSER to the Commission. Training of German pupil barristers by Austrian lawyers
Date: 1997-05-20
Institutions: European Parliament, LINSER
Subjects: Austria, Germany, free movement of workers, freedom to provide services, lawyer, legal profession, professional qualifications, recognition of diplomas, vocational training

10. 2. 98

EN

Official Journal of the European Communities

C 45/79

Finally,  on  18  June  1996,  the  Commission  adopted  a  strategy  intended  to  reduce  pollution  by  vehicles.  That
strategy stresses the responsibility that is shared by the Community and the national and local authorities for
reducing air pollution. New standards for reducing vehicle emissions form part of that strategy.

(1)  OJ L 36, 9.2.1988.
(2)  OJ L 296, 21.11.1996.
(3)  COM(96) 540.

(98/C 45/95)

WRITTEN QUESTION E-1682/97

by Franz Linser (NI) to the Commission

(20 May 1997)

Subject: Training of German pupil barristers by Austrian lawyers

Prior to Austria(cid:146)s accession to the EEA and the EU it used to be the case that foreign pupil barristers could only
handle  internal  documents  in  lawyer(cid:146)s  offices.  They  were  not  allowed  to  represent  clients  before  Austrian
authorities and courts because Austrian citizenship was a requirement for practising as a lawyer.

The legal position has not been affected by Austria(cid:146)s accession to the EU.

In order to represent clients before Austrian courts and authorities, lawyers need an authorization issued by the
competent  bar  association.  However,  the  latter  only  issue  authorizations  for  prospective  members  of  such
associations.

Does the failure to admit German pupil barristers to represent parties before authorities and courts in Austria as a
result of bar associations not issuing an authorization represent a violation against freedom of movement in the
Internal Market?

Answer given by Mr Monti on behalf of the Commission

(2 July 1997)

Council Directive 77/249/EEC to facilitate the effective exercise by lawyers of freedom to provide services (1)
and Council Directive 89/48/EEC on a general system for the recognition of higher-education diplomas awarded
on completion of professional education and training of at least three years’ duration (2) apply exclusively to fully
qualified  lawyers,  i.e.  persons  who  have  already  been  authorized  to  practise  the  profession  of  lawyer  in  a
Member  State  or  who  possess  all  the  qualifications  necessary  in  order  to  do  so.  Trainee  lawyers  and  trainee
judges do not, therefore, belong to this category. The same applies in the case of the amended proposal for a
European Parliament and Council Directive to facilitate practice of the profession of lawyer on a permanent basis
in a Member State other than in which the qualification was obtained. (3)

As regards legal representation, both Directive 77/249/EEC and the above-mentioned proposal for a Directive
permit Member States, subject to certain conditions, to allow lawyers from other Member States who are not
fully authorized to practise in the host Member State to work together with a lawyer who is authorized to practise
there.

The  only  point  to  examine  in  respect  of  trainee  lawyers  and  trainee  judges  is  whether  or  not  the  directly
applicable provisions of the Treaty, and in particular the ban on discrimination contained in Article 6, have been
infringed.  In  order  to  do  this,  additional  information  would  need  to  be  provided,  particularly  on  the  rules
governing  representation  before  Austrian  courts,  on  the  status  of  trainee  lawyers  and  trainee  judges,  on  the
powers  conferred  by  legitimation  and  on  the  training  requirements  for  German  trainee  judges  in  Austria.  A
difference in treatment based solely on the nationality of the persons concerned would undoubtedly constitute an
infringement of Community law. The Commission would like to receive additional information on each of these
points.

(1)  OJ L 78, 26.3.1977.
(2)  OJ L 19, 24.1.1989.
(3)  OJ C 355, 25.11.1996.