The Court of Justice of the European Union ruled in a judgment delivered on Tuesday 7 May (Case C-431/17) that Greek legislation prohibiting a monk who is a lawyer in another Member State from registering as a lawyer because of the incompatibility between his status as a monk and the legal profession is contrary to European Union law.
In 2005, a monk from the monastery of Petra (Greece) asked the Athens Bar Association to enter him on its special register as a lawyer having acquired that professional status as a lawyer in Cyprus. The association refused on the basis of the Greek provisions relating to the incompatibility between practice of the profession of lawyer and the status of monk.
Following a referral from the Greek Council of State, the Court issued an interpretation of Directive (98/5/EC) to facilitate the exercise of the profession of lawyer in a Member State other than that in which the qualification was obtained. The Court drew a distinction between two situations: registration with the competent authority of the host Member State and the professional and ethical rules governing the profession.
The EU judge noted that, with regard to registration, the only condition required is presentation of a certificate attesting to registration with the competent authority of the country of origin. The Greek bar should therefore have accepted the monk's registration.
The Court stated that professional and ethical rules have not, however, been harmonised and may therefore differ considerably between Member States. These rules must comply with EU rules, however, and in particular must not to go beyond what is necessary in order to attain the objectives pursued, in accordance with the principle of proportionality.
To read the judgment, go to: http://bit.ly/2LuWT44. (Original version in French by Mathieu Bion)