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Private Regulation and the Internal MarketSports, Legal Services, and Standard Setting in EU Economic Law$
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Mislav Mataija

Print publication date: 2016

Print ISBN-13: 9780198746652

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780198746652.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 09 December 2021

The Learned Art

The Learned Art

Regulating the Legal Profession

(p.189) VI The Learned Art
Private Regulation and the Internal Market

Mislav Mataija

Oxford University Press

Chapter VI examines the regulation of the legal profession, distinguished from the previous case study by the close link between public and private regulation, as well as by specific sectorial EU legislation. The chapter recounts the early cases on the free movement rules of lawyers, leading up to the appearance of extensive EU legislation and the more recent move towards competition law. It argues that EU law has, over the years, moved beyond rules on professionals’ entry into the marketplace to also address—albeit much less forcefully—rules on conduct and the organisation of the profession. It has also shifted from the EU level to the national level, and from formal enforcement to voluntary reforms. The internal market rules have been used to impose good governance standards, but successful challenges to the substantive measures of professional bodies, especially regarding rules on conduct, have been rare.

Keywords:   legal profession, legal services, rules on entry, rules on conduct, use of professional titles, ethical rules, freedom of establishment, State supervision, proportionality, national reforms

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