S.I. No. 97/2008 - European Communities (Freedom to Provide Services) (Lawyers) (Amendment) Regulations 2008


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th April, 2008.

I, BRIAN LENIHAN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), make the following regulations for the purpose of giving effect to the Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded 1 as respects the amendment of Council Directive No. 77/249/EEC of 22 March 1977 2 :

1. These Regulations may be cited as the European Communities (Freedom to Provide Services) (Lawyers) Regulations 2008.

2. Regulation 2(1) of the European Communities (Freedom to Provide Services) (Lawyers) Regulations 1979 ( S.I. No. 58 of 1979 ) (the “1979 Regulations”) is amended by adding the following to the list contained in the definition of “visiting lawyer”:

“Bulgaria: /images/en.si.2008.0097.0001.jpg

Romania: Avocat”.

3. The reference in Regulation 2 to the 1979 Regulations is to those Regulations as amended by the amending Regulations of 1981 (S.I. 197 of 1981), 1986 ( S.I. No. 226 of 1986 ), 1999 ( S.I. No. 132 of 1999 ) and 2004 ( S.I. No. 753 of 2004 ).

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GIVEN under my Official Seal,

7 April 2008

BRIAN LENIHAN

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Consequent on the accession of the Republic of Bulgaria and Romania to the European Union, these Regulations extend the European Communities (Freedom to Provide Services) (Lawyers) Regulations, 1979 to 2004 to lawyers from those Member States. The latter Regulations gave effect to Council Directive No. 77/249 EEC so as to enable lawyers from other Member States to pursue professional activities in the State by way of provision of services.

1 OJ L 157, 21.6.05, p.203

2 OJ L 78/17, 26.3.77