Having in mind the specifics of the attorney-at-law/lawyer profession, which is autonomous and independent profession under the Constitution of the Republic of Serbia, prior to drafting of national legislation harmonised with EU acquis, it is necessary to familiarise the lawyers, as active partners in the harmonisation and EU integration process, with the future changes, consequences and benefits.
To that end, the “Workshop on EU Integration and the Legal Profession – Key Questions and Challenges”, was organised with the Ministry of Justice and Bar Association of Serbia on 15th May, with the aim of informing lawyers of the impact of EU legislation in the area of freedom of movement for persons and services related to the practice of the lawyers’ profession in scope of Chapter 3 acquis.
Following the introduction to EU integration by the representatives of the Ministry of Justice, Ivana Ninčić and Branislav Stojanović, the PLAC II Project Expert Jonathan Goldsmith presented the provisions of Directives 98/5/EC, 2005/36/EC and 77/249/EEC, including the relevant jurisprudence of the Court of the EU. The participants were acquainted with the effects on lawyers’ profession deriving from the introduction of the EU acquis to the Serbian legislation, more specifically with the following topics:
- Lawyers and the provision of services in the internal market – how the acquis categorises such services?
- Free movement of lawyers – conditions to practise law in the Republic of Serbia and in other EU countries (right of establishment vs. practising on a temporary basis; aptitude test/period of adaptation);
- Legal form requirements (e.g. sole practice, joint law firm, lawyer’s membership in a partnership, limited liability company, etc.);
- Impact of the acquis on the one-office rule; lawyers’ tariff.
Moreover, in order to familiarise Serbian lawyers with the changes they can expect, experiences of lawyers in EU member states regarding application of the relevant acquis, and the impact of the internal market on legal practice were shared during the workshop.
