WRITTEN QUESTION E-0203/03 by Maurizio Turco (NI) to the Commission. Unequal access to the lawyer's profession caused by Directive 98/5/EC.
Date: 2003-02-03
Institutions: European Parliament, Provisional data
Subjects: action for failure to fulfil an obligation, approximation of laws, capacity to exercise rights, equivalence of diplomas, lawyer, national implementing measure

10.7.2003

EN

Official Journal of the European Union

C 161 E/193

Currently, inventions which make use of algorithms may be patentable if they are concerned with the
solution of a technical problem. A patent for an invention which involves an algorithm covers the use of
the algorithm for the purpose defined in the claims of the patent, but does not monopolise the algorithm
itself or its use in other contexts. The proposed Directive will not change this situation.

(1) OJ C 151 E, 25.6.2002.
(2) OJ L 122, 17.5.1991.

(2003/C 161 E/201)

WRITTEN QUESTION E-0203/03

by Maurizio Turco (NI) to the Commission

(3 February 2003)

Subject: Unequal access to the lawyer’s profession caused by Directive 98/5/EC

Directive 98/5/EC (1) stipulates that
conditions, in all Member States.

the profession of

lawyer may be practised, subject

to certain

Conditions governing access to the profession of lawyer differ in the various Member States: to enter the
profession, a law degree is sufficient in some countries while in others an exam also needs to be sat.

Given the growing number of cases in which law graduates enter the lawyer’s profession in Member States
whose legislation does not provide for an extra exam and subsequently, in accordance with Directive 98/5/
EC, exercise the profession in countries in which the exam is compulsory.

Can the Commission say whether it is aware of this disparity?

Has it taken (cid:1) or does it intend to take (cid:1) steps to harmonise access to the lawyer’s profession? If so, how
and when?

law? In which cases have
What countries have not yet transposed Directive 98/5/EC into national
infringement proceedings been instituted pursuant to Article 226 of the Treaty? What stage have the
proceedings reached in each of these cases?

(1) OJ L 77, 14.3.1998, p. 36.

Answer given by Mr Bolkestein on behalf of the Commission

(25 February 2003)

The Commission is aware that some Member States, unlike others, make access by their nationals to the
profession of lawyer conditional on sitting an examination. However, under the Directive on a general
system for the recognition of higher-education diplomas (1), someone who has obtained a law degree in a
Member State where there is an additional examination requirement for access to the profession of lawyer
cannot obtain the professional title of lawyer in another Member State unless they have passed the lawyer’s
examination in their home Member State. Since this Directive can be invoked only by fully qualified
professionals, under the terms of Directive 98/5/EC (2) a person holding a higher-education diploma in law
could become established as a lawyer in his or her home Member State, under the professional title used in
the host Member State, only by obtaining academic recognition of his or her higher-education diploma,
which would usually mean repeating most if not all of his or her training there. Such a requirement seems
dissuasive, but the Commission is prepared to examine any evidence the Honourable Member may have in
his possession on this subject.

The Commission does not intend to propose harmonisation of access to the profession of lawyer, as this is
not necessary in order to ensure free movement for lawyers. Moreover, such harmonisation could run
counter to the principle of subsidiarity, as explained in recital 7 of Directive 98/5.

C 161 E/194

Official Journal of the European Union

EN

10.7.2003

France and Ireland have not yet transposed Directive 98/5. These instances of failure to act were noted by
the European Court of Justice in the judgments it handed down, respectively,
in case C-351/01 on
26 September 2002 and in case C-362/01 on 10 December 2002. If no communication of transposal
measures is forthcoming, the Commission will pursue the infringement proceedings provided for under
Article 228 of the EC Treaty.

(1) Council Directive 89/48/EEC of 21 December 1988 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, OJ L 19,
24.1.1989.

(2) Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the
profession of lawyer in a Member State other than that in which the qualification was obtained, OJ L 77,
14.3.1998.

(2003/C 161 E/202)

WRITTEN QUESTION P-0206/03

by Caroline Lucas (Verts/ALE) to the Commission

(27 January 2003)

Subject: Export of sheep from Spain to Greece

Each year thousands of sheep are exported from Spain to Greece for slaughter on or soon after arrival.
The journeys take at least 50-60 hours.

Council Directive 91/628/EEC (1) provides that, even where vehicles attain certain standards, sheep must
after 28 hours’ transport be rested at a staging point. However, Commission Decision 2001/327/EC (2)
concerning movement restrictions with regard to foot-and-mouth disease prohibits the use of staging
points for sheep for slaughter or production. The effect of these provisions is to limit the transport of
sheep for slaughter or production to an overall maximum of 28 hours. The transport of sheep from Spain
to Greece for slaughter or production must breach either Council Directive 91/628/EEC or Commission
Decision 2001/327/EC.

What steps is the Commission taking to press Spain and Greece to halt this trade as it involves breaches of
Community law?

(1) OJ L 340, 11.12.1991, p. 17.
(2) OJ L 115, 25.4.2001, p. 12.

Answer given by Mr Byrne on behalf of the Commission

(12 March 2003)

The Honourable Member correctly, in the Commission’s opinion, describes the legal situation when sheep
certified for slaughter or further fattening are sent by road from the principal sheep production areas of
Spain via France and Italy and the ferry crossings from Southern Italy to Greece.

Breeding sheep, however, may still transit staging points and it is not illegal to have those sheep (which
have to fulfil higher veterinary standards) slaughtered after they reach their destination.

The Commission has already intervened with Greece, Spain and Italy about the matter in order to establish
whether, and if so to what extent, Community law has been infringed in respect of the sheep movements
in question. The Member States concerned have also been requested to confirm that all necessary steps to
ensure the future respect of Community law are being taken.