REGULATING LEGAL SERVICES IN THE GLOBAL ARENA Georges-Albert Dal, Past President, CCBE Council of...

REGULATING LEGAL SERVICESIN THE GLOBAL ARENA

Georges-Albert Dal,Past President, CCBE

Council of Bars & Law Societies of Europe

Conseil des barreaux européensf

Rue Joseph II, 40/8 - B-1000 Brussels

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Email: [email protected] - www.ccbe.eu

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Introduction to the CCBE




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• 32 full members and 13 observer members

• Over 1,000,000 European lawyers

• Our members are the regulators: bars and law societies only

• No individual lawyer members

Introduction to the CCBE




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• The biggest trade deal in the world• Aims to remove trade barriers between the EU and

the US in a wide range of economic sectors, goods and services

• Independent research shows that TTIP could boost: • the EU's economy by €120 billion;• the US economy by €90 billion; • the rest of the world by €100 billion

Transatlantic Trade and Investment Partnership (TTIP)




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• Talks started in July 2013

• Both sides claim it is not about deregulation – no lowering of standards, no limit in autonomy to set regulations

Transatlantic Trade and Investment Partnership (TTIP)




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What does the CCBE want?

• We have reached a formal position

• We would like:A Lawyer with a title from any EU member state must be able to undertake the following activities in all US states, without running the risk of illegal practice of law:

• Temporary provision of services under home title in home law, EU law, international law, and third country law in which they are qualified, without a local presence;

• Establishment (i.e. with local presence) under home title to provide services in home law, EU law, international law, and third country law in which they are qualified;

• International Arbitration (as counsel or arbitrator);• International Mediation (as counsel or mediator);• Partnership under home title with US lawyers (with local presence);• Employment of US lawyers (with local presence) (i.e. no restrictions on structures

for establishment, for instance requirements to have a local lawyer as partner, or preventing a local lawyer being an employee).




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What is off the table?

• We have reached a formal position• Due to the complexity involved, or because these do

not fall within the scope of TTIP, the following are “off the table”:• Full licence (requalification) • Alternative business structures• In-house counsel (ECJ case law in re: Akzo Nobel - Case C-550/07 P)• Access to the EU laws on free movement of lawyers (Services

Directive 77/249/EEC and Establishment Directive 98/5/EC)




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• Trade is dealt with at EU level

• EU representative attends all our technical committee meetings

Relationship with EU negotiator




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Relationship with US negotiator

• Our collaboration is important• We have had meetings in the last few months with

ABA and CCJ• We aim to swap wish lists to see if we can come to

an agreement between ourselves to present to governmental negotiators




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Latest developments

• Work is continuing on harmonising the data on practice by foreign lawyers in the EU and the US

• Chief Justice of New York (chair of the relevant CCJ committee) is addressing the next CCBE Plenary Session




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1. European Lawyers Foundation Leaflets are available in the meeting room

2. European Lawyers Day




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Two news items:

Foundation

The European Lawyers Foundation (ELF) is an independent non-profit organisation based in the international capital of justice, The Hague in The Netherlands. The main aim of the Foundation is to implement funded projects that will improve the rule of law and the administration of justice.

Leaflets are available in the meeting room




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European Lawyers Day




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Thank you

Georges-Albert Dal,Past President, CCBE

www.ccbe.eu





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http://www.ccbe.eu/

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REGULATING LEGAL SERVICES IN THE GLOBAL ARENA Georges-Albert Dal, Past President, CCBE Council of...

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