Lawyers' Representation Rights Trans-EU

Executive Summary:

On 23 April 2021, exceptionally, the Supreme Court held that a visiting German lawyer could represent, appear, advocate and be heard by that court on behalf of the German national appellant despite the lawyer's non-compliance with the strict legal conditions to her EU, international and domestic law right to provide legal services before the courts of an EU Member State (MS). This decision is in line with fundamental rights of access to justice, to the courts and to an equivalent and effective remedy and fair hearing which Ireland's laws and its courts must provide. The exceptional decision was reached despite the advices requested by the Supreme Court of and submitted to it by the Notice Parties, the Law Society, the Bar and the Attorney-General, that the application omitted basic required proofs. The law requires a visiting EU state qualified lawyer who is not established in Ireland and who wishes to provide this type of service to aver