La libertà di stabilimento degli avvocati nell’Unione europea: i limiti all’utilizzabilità di decisioni di riconoscimento alla luce delle più recenti pronunce giurisprudenziali

In the EU practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained is guaranteed according to the principle of mutual recognition of diplomas. An analysis based on recent judgments shows though that neither the provisions of Directives 89/48/EEC and 2005/36/EC nor those of Directive 98/5/EC cannot be relied on for the purpose of gaining access to the profession of lawyer in a host Member State, by the holder of a certificate issued by an authority of another Member State which does not attest any education or training covered by the education system of that Member State and is not based on either an examination taken or professional experience acquired in that Member State. That is in order to respect the legitimate interest which Member States may have in preventing certain subjects, by means of facilities created under EU Law, from attempting wrongly to evade the application of national legislation