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member states shall have to be realised upon the norms
hereinafter defined :
(1) These activities will have to be exercised accord-
ing to the rules of the Bar where the practitioner
originally practised as well as the rules of the Bar which
he intends to join, under the dual control and dual
discipline of the professional institutions concerned.
(2) To this end the Consultative Commission will
draft contracts of an optional nature so that they can
be submitted to the different bars and professional
institutions for their adhesion.
Second Resolution
relating to the activities of
foreign lawyers in the member states of the European
Community (rapporteurs Maitre E. Graziadei and E.
Biamonti).
The Consultative Commission having observed that
the profession of lawyer in the countries of the Euro-
pean Community is subject to strict rules which are
destined to protect the interests of the public, and
having observed that it would be contrary to the spirit
of the Treaty of Rome that barristers and other lawyers
coming from non-member states should not be subject
to the identical struct rules. Quite apart from any
more liberal laws which might be adopted by certain
member states upon some of the points enumerated
hereafter (the Commission) considers that:
(1) The exercise of professional activities of lawyers
of non-member states within the Community should be
subject to :
(a) Verification beforehand of the existence of actual
reciprocity to practice in the country of origin.
(b) That the professional institutions of the country
where the lawyer of the non-member state intends
to practice, should agree to receive him. In order
to implement this, it will be necessary for the bars
concerned to intervene with the government of
their countries in order that statutes or adminis-
trative rules can be introduced relating to the con-
ditions under which foreign lawyers may practice
and may stay in the said country.
(2) To ask the bars of the member states, under no
circumstances to have any professional contacts with
the lawyers of non-member states who, having mani-
fested their intention to practise in a member state,
have not received in advance the agreement of the
professional institution concerned.
All these resolutions were adopted unanimously and
also by the observers from Ireland, Denmark, Norway
and the United Kingdom.
Resolution Adopted at Luxembourg on
7th October 1972
The Consultative Commission of the Bars of the coun-
tries of the European Community, having met together
at Luxembourg on the 7th October 1972, and having
taken cognizance of the actual state of the procedure
in Community countries relating to the directive which
sets out the rules whereby certain services in relation
to certain activities of lawyers shall be freely given and
also sets out in particular the supplementary report
given out in the name of the Juridical Commission
to the European Parliament by Mr. Nicholas Romeo
(European Parliamentary Document 72-73, sitting of
31st August 1972).
Having considered in its essence the real interest of
all those who require legal assistance, approves unani-
mously and underlines the absolute necessity of liberali-
sing the rules relating to services of advocates in the
courts of the European Communities.
The Commission considers in this light that the
liberalisation of the rules of pleadings will be subject
to some difficulties. As regards this liberalisation, cer-
tain delegations will reserve their position and will lay
much stress upon their respective governments in regard
to any points which appear to them to be essential. The
Commission has noted the objections stated by certain
delegations concerning the application of articles 55
and 56 of the Treaty.
Resolutions adopted at Amsterdam on 25th April 1970
Draft convention relating to the exercise of certain
legal and extra-legal activities of lawyers. This con-
vention is subject to the necessary adaptations in the
different official languages, and to different national
laws and to different professional customs.
The lawyers of the member states of the Community,
having considered that as a result of the intensification
of legal and economic links amongst the contracting
states and of the numerous legal rules which are com-
mon to all contracting states, it is consequently desir-
able that on the basis of services rendered by them,
lawyers should exercise their activities upon all the
territory and before all jurisdictions of the contracting
States.
Have resolved to conclude a convention to that effect
and have agreed upon the following rules :
Article 1
(1) The lawyer of a contracting state may, pro-
vided that he is assisted by a lawyer who is qualified
to plead in the place where his services are required,
plead in Givil business, Criminal business, Tax business,
Administrative business, and business relating to Social
Services before the Courts of another contracting state,
state.
(2) This right implies that the foreign lawyer will
have access to the official file or will have the right to
visit a detained person and to correspond freely with
him without being compelled to undertake any other
formality other than those imposed upon the lawyer
of the contracting state where this right is exercised.
Article 2
The lawyers of contracting States may give written
opinions or oral consultations upon any problem relat-
ing to Common Law, Tax Law, Administrative Law or
Social Services Law, and may assist or represent their
client with individuals or companies other than courts
upon all the territory of another contracting state.
Article 3
(1) In the exercise of their activities the lawyers of
contracting States may benefit upon all the territory
and before all Courts of another contracting State from
the same guarantees as those which are given to
lawyers of the; contracting States where those activities
are exercised; this applies particularly to rules of pro-
fessional secrecy and to rules making the official file
inviolable. In such cases the foreign lawyers assume
the same duties as the local lawyers.
(2) If this is prescribed by rules of court, foreign
lawyers must wear in court the robes prescribed by the
national law.