• SERSER
  • Legal practice framework in light of EU law on services and freedom of establishment

    CEP

    The role of legal profession and responsibility for interpreting and shaping law, provide lawyers with an important place in countries aspiring to join the European Union (“EU”). First and foremost, lawyers play an important role in the fight to respect human rights. Also, lawyers are one of the main driving forces of the economies of states aspiring to join the EU.

    They advise state bodies and companies navigating through the complex labyrinth of EU law composed of various rules and regulations relating to services, state aid, consumer protection, data protection and other areas that can be a novelty for countries which have not yet transitioned to a market economy and independent institutions. Under EU law, the provision of legal aid by a lawyer is qualified as a service, but under Serbian law1 the work of a lawyer does not constitute a service, but legal aid, outside the scope of legal framework covering services2. Such legal qualification might cause problems when the Republic of Serbia becomes a full member of the EU, as it could require subsequent harmonization of the full range of relevant legal sources in a very short period of time, with all the socio-economic effects related thereto.

     

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