The Minister for Justice has signed into Irish law an EU directive allowing lawyers from other EU states to practise here. Carol Coulter, Legal Affairs Correspondent, reports.
The decision has been welcomed by the Law Society, which has been seeking the implementation of the directive since it fell due for implementation in March 2000.
The Establishment Regulations, as they are known, provide for the registration of lawyers from other EU countries as solicitors and barristers here following a period of three years practising with an Irish barrister or solicitor.
During this time they will practise under the title used in the country in which they were qualified. Similarly, Irish solicitors and barristers will be able to set up in other EU states.
There are two restrictions. If appearing in court, the EU-qualified lawyer must act in conjunction with a solicitor or barrister. Secondly, they cannot practise in areas of law, such as probate or conveyancing, that are not done by lawyers in the state where they qualified. In many European countries such work is done by the profession of notary.
Prior to this, EU-qualified lawyers working here had to do an aptitude test, which was an examination in Irish law. This will not now be necessary.
Criticising the delay in the regulations, the director general of the Law Society, Mr Ken Murphy, said that since March 2000 the society had maintained a register treating a number of lawyers from EU countries as established here.
"In reality, there will be very few lawyers from Milan moving to practise in Miltown Malbay, or from Thessalonika to Termonfeckin," he said. Lawyers from the UK are the ones most likely to establish in Ireland.
He said there has been a huge surge nationally and internationally in people seeking to become lawyers, with 433 entering the Law Society's school in 2003.