1 See Parliament and Council Directive 98/5, recital 6, 1998 O.J. (L 77) 36, 36 [hereinafter Lawyers’ Directive]; Treaty Establishing The European Economic Community, opened for signature Nov. 23, 1957, 298 U.N.T.S. 11, art. 3 (entered into force Jan. 1, 1958) [hereinafter Treaty of Rome].
2 See id.
3 See Lawyers’ Directive, supra note 1, at 36.
4 See id.
5 See Opinion of the Economic and Social Committee on the Proposal for a European Parliament and Council Directive to Facilitate the Practice of the Profession of Lawyer on a Permanent Basis in a Member State Other Than That in Which the Qualification was Obtained, 1995 O.J. (C 256) 14, 14 (explaining need for new directive) [hereinafter Opinion of the Economic and Social Committee]; see generally Council Directive 89/48, 1989 O.J. (L 19) 16, 16 [hereinafter Directive 89/48]; Council Directive 77/249, 1977 O.J. (L 78) 17, 17 [hereinafter Directive 77/249].
6 See Lawyers’ Directive, supra note 1, at 36.
7 See infra Part III.
8 See id.
9 See id.
10 See id. The word “incompetent” in this context is synonymous with “under-qualified.”
11 See infra Part IV.
12 See Directive 77/249, supra note 5, at 17.
13 See id.
14 See id.
15 See id.
16 See Directive 77/249, supra note 5, at 17; Treaty of Rome, supra note 1, arts. 3, 7(a).
17 Id.
18 See id.
19 See Directive 77/249, supra note 5, at 17.
20 See id.; Opinion of the Economic and Social Committee, supra note 5, at 14.
21 See id.
22 See id.
23 See Directive 77/249, supra note 5, art. 5; Opinion of the Economic and Social Committee, supra note 5, at 14.
24 See Opinion of the Economic and Social Committee, supra note 5, at 14.
25 See Directive 77/249, supra note 5, at 18; Opinion of the Economic and Social Committee, supra note 5, at 14.
26 See Directive 77/249, supra note 5, at 17.
27 See Directive 89/48, supra note 5, at 16.
28 See id.
29 See id. art. 3; Directive 77/249, supra note 5, at 17.
30 See Directive 89/48, supra note 5, arts. 3–12.
31 See id. art. 3.
32 See id. art. 4(b). An adaptation period entails the time an attorney spends practicing law in the host State without possessing permanent bar membership in that State. See id. art. 1(f).
33 See id. art. 3.
34 See Directive 89/48, supra note 5, art. 4(b).
35 Id.
36 See id.
37 See id.
38 See Opinion of the Economic and Social Committee, supra note 5, at 14.
39 See Directive 89/48, supra note 5, art. 4(1)(b) (requiring lawyers to undergo an aptitude test or adaptation period).
40 See supra notes 38–39 and accompanying text.
41 See Directive 89/48, supra note 5, at 16. Non-compliance with Directive 89/48 emerged as a problem following that Directive’s adoption. See, e.g., Case C-216/94, Commission v. Kingdom of Belgium, 1995 E.C.R. 2155; Case C-365/93, Commission v. Hellenic Republic, 1995 E.C.R. 499.
42 See, e.g., Proposal for a European Parliament and Council Directive to Facilitate Practice of the Profession of Lawyer on a Permanent Basis, 1995 O.J. (C 128) 6, 6 [hereinafter Proposal].
43 See id.
44 See id. at recital 6.
45 Id.
46 See Opinion of the Economic and Social Committee, supra note 5, at 14.
47 See id.
48 See Lawyers’ Directive, supra note 1, at 36.
49 See id. art. 2.
50 See id.
51 Treaty of Rome, supra note 1, art. 7(a); see Lawyers’ Directive, supra note 1, at 36.
52 See Lawyers’ Directive, supra note 1, at 36.
53 Id. at 37.
54 See id.
55 See id. arts. 2, 10.
56 See id.
57 See Lawyers’ Directive, supra note 1, at 36; Directive 77/249, supra note 5, at 17.
58 See Lawyers’ Directive, supra note 1, art. 10; Directive 89/48, supra note 5, art. 4(1)(b).
59 See Lawyers’ Directive, supra note 1, at 36.
60 See id. art. 3. The competent authority is that body or agency which governs admission to the bar. See id.
61 See id.
62 See id. art. 5.
63 See Lawyers’ Directive, supra note 1, art. 2.
64 See id.
65 See id. art. 10.
66 See id.
67 See supra notes 60–66 and accompanying text.
68 See id.
69 See 1 A.G. Toth, The Oxford Encyclopaedia of European Community Law 176 (1990).
70 See Lawyers’ Directive, supra note 1, art. 14.
71 See supra note 41 and accompanying text.
72 See Internal Market: MEPs Flinch From Lawyers’ Directive, Eur. Info. Servs., May 3, 1995, available in LEXIS, Intlaw Library, Ecnews file [hereinafter Internal Market].
73 See Lawyers Win Right to Practice Throughout EU, Eur. Info. Servs., Dec. 20, 1997, available in LEXIS, Intlaw Library, Ecnews file [hereinafter Lawyers Win Right]; Internal Market, supra note 72.
74 See Internal Market, supra note 72.
75 See id.
76 See Single Market: Power Struggle in Council on Lawyers’ Directive, Eur. Info. Servs., July 12, 1995, available in LEXIS, Intlaw Library, Ecnews file [hereinafter Single Market].
77 See Internal Market, supra note 72. German Members of the European Parliament were among this group, as were representatives of Luxembourg. See id.
78 See id.
79 See Case C-55/94, Gebhard v. Consiglio dell’ Ordine degli Avvocati e Procuratori di Milano, [1996] 1 C.M.L.R. 603, 623, 626–28 (1995); Single Market, supra note 76.
80 See Gebhard, [1996] 1 C.M.L.R. at 626–27.
81 See id. at 623.
82 See supra note 79 and accompanying text.
83 See Single Market, supra note 76; Lawyers Win Right, supra note 73.
84 See Single Market, supra note 76.
85 See id.
86 See Lawyers Win Right, supra note 74; European Parliament Passes Lawyers’ Directive in Second Reading, Eur. Info. Servs., Nov. 26, 1997, available in LEXIS, Intlaw Library, Ecnews file [hereinafter Second Reading].
87 See Lawyers: Mr. Monti Welcomes Council Adoption of Directive, Dec. 16, 1997, available in LEXIS, Intlaw Library, Rapid File [hereinafter Monti Welcomes Adoption]; Lawyers’ Directive, supra note 1, at 36.
88 Monti Welcomes Adoption, supra note 87.
89 Law Society Delighted With Lawyers’ Directive, Eur. Info. Servs., Jan. 10, 1998, available in LEXIS, Intlaw Library, Ecnews file. The Law Society is the professional body for solicitors in England and Wales. See Law Society Homepage (visited Oct. 25, 1999) <http://www.lawsociety. org.uk/Index.asp>. The Law Society maintains an office in Brussels that is concerned with European Law and its impact on England and Wales. See id.
90 Lawyers: German, Spanish, and French Bar Associations Join Forces in Brussels, Eur. Info. Servs., Mar. 14, 1998, available in LEXIS, Intlaw Library, Ecnews file.
91 See Treaty of Rome, supra note 1, arts. 2, 3.
92 See Opinion of the Economic and Social Committee, supra note 5, at 14.
93 See supra notes 55–58 and accompanying text.
94 See id.
95 See Lawyers’ Directive, supra note 1, arts. 2, 10.
96 See id. at 36.
97 See Lawyers Win Right, supra note 73; Single Market, supra note 76.
98 See generally Single Market, supra note 76 (explaining Member States’ ability to regulate the difficulty of aptitude tests).
99 See Lawyers’ Directive, supra note 1, at 36.
100 See id.