Avocats européens aux USA : ce que demande le CCBE

REGULATING LEGAL SERVICES
IN THE GLOBAL ARENA
Jonathan Goldsmith,
Secretary General, CCBE
Council of Bars & Law Societies of Europe
Conseil des barreaux européensf
Rue Joseph II, 40/8 - B-1000 Brussels
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Email: ccbe@ccbe.eu - www.ccbe.eu
Follow us on / Suivez-nous sur @CCBEinfo

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Introduction to the CCBE

•32 full members and 13 observer members
•Over 1,000,000 European lawyers
•Our members are generally the regulators: bars and
law societies only
•No individual lawyer members
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Introduction to the CCBE

• The biggest trade deal in the world
• Aims to remove trade barriers between the EU and
the US in a wide range of economic sectors, goods
and services
• Independent research shows that TTIP could boost:
• the EU's economy by €120 billion;
• the US economy by €90 billion;
• the rest of the world by €100 billion
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Transatlantic Trade and Investment Partnership (TTIP)

• Talks started in July 2013
(6 rounds so far)
• Both sides claim it is not about deregulation –
no lowering of standards, no limit in autonomy to
set regulations
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Transatlantic Trade and Investment Partnership (TTIP)

• We have reached a formal position
• We would like:
A Lawyer with a title from any EU member state must be able to undertake the following
activities in all US states, without running the risk of illegal practice of law:
• Temporary provision of services under home title in home law, EU law,
international law, and third country law in which they are qualified, without a local
presence;
• Establishment (i.e. with local presence) under home title to provide services in
home law, EU law, international law, and third country law in which they are
qualified;
• International Arbitration (as counsel or arbitrator);
• International Mediation (as counsel or mediator);
• Partnership under home title with US lawyers (with local presence);
• Employment of US lawyers (with local presence) (i.e. no restrictions on structures
for establishment, for instance requirements to have a local lawyer as partner, or
preventing a local lawyer being an employee).
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What does the CCBE want?

• We have reached a formal position
• Due to the complexity involved, or because these do
not fall within the scope of TTIP, the following are
“off the table”:
• Full licence (requalification)
• Alternative business structures
• In-house counsel (ECJ case law in re: Akzo Nobel - Case C-550/07 P)
• Access to the EU laws on free movement of lawyers (Services
Directive 77/249/EEC and Establishment Directive 98/5/EC)
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What is off the table?

• Trade is dealt with at EU level
• EU representative attends all our technical
committee meetings
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Relationship with EU negotiator

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Relationship with US negotiator
• Our collaboration is important
• We have had meetings in the last few months with
ABA and CCJ
• We aim to swap wish lists to see if we can come to
an agreement between ourselves to present to
governmental negotiators

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• Comments are welcome
• Thank you

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Avocats européens aux USA : ce que demande le CCBE