Acquiring rights in another EU country to work at home not abuse

The Court of Justice held that the single market ability of citizens of the Union to choose the Member State in which they wish to receive the title and the Member State in which they intend to practice their profession is inherent in the exercise of the right guaranteed by the European Union fundamental freedoms.

Freedom of movement for EU lawyers

Freedom of movement for EU lawyers

In Joined Cases C-58/13 and 59/13 (Torresi / Consiglio dell’Ordine degli Avvocati di Macerata) of 17 July 2014 states that the fact that a national of a Member State holding a university degree acquired in his country and later has gone to another Member State in order to obtain a lawyer license and subsequently returned to their country to practice legal profession under the professional title obtained in another Member State is the specification of one of the objectives of Directive 98 / 5 / and do not constitute an abuse of the right of establishment.

EU Court recalls that in order to facilitate the continuous practice of the legal profession in a Member State other than the State in which the professional qualification was obtained, EU law introduces a mechanism for mutual recognition of titles of migrant lawyers wishing to practice under the title of his of origin.

Thus the EU legislature intends to eliminate inequalities in national conditions for entry, underlying inequalities and obstacles to free movement. Consequently, Directive 98/5 / EC aims at full harmonization of the conditions applicable to the right of establishment.

And that of course applies not only for people practicing the profession of lawyer, but also for other professions.

Free movement of working people is a key, basal principle of the Treaty enshrined in Article 45 of the Treaty on the Functioning of the European Union and developed by EU secondary legislation and the Case law of the Court of Justice.

 

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