and so we will be dealing with again the right of establishment and free movement of services today we started with the treaty provisions as you would remember we will deal also in short in brief with the free movement of lawyers in the European Union as well as I have promised you last week all right so what did we speak about freedom of establishment establishment yes okay so we are covered by the right of establishment who only natural persons this is a question and legal persons this is important according to the founding treaties the natural persons may enjoy this right of establishment or companies for the companies I would refer you to your chapters I'm not going to explain it in class please read from your chapters the right of establishment of the legal persons in the European Union okay this is one important thing we will be dealing with second the provision of service in the right as regards right of establishment is on permanent basis right we have spoken about that as a difference between right of establishment and yes free movement of services today we will be dealing with the freedom of establishment from the right of establishment in a more detailed way and we will be speaking about certain secondary legislation as well as regards the right of establishment then we will be doing the same for the free movement of services as we have mentioned the right of establishment is provided under Articles 59 sorry 49 to 55 of the treaty on the functioning of the European Union article 49 includes both the individuals and the legal persons as the ones who we who enjoy the right of establishment as regards the rights conferred on individuals or natural persons article 49 paragraph 2 makes a distinction between the right to pursue an activity and the right to access or to take up an activity the second one is when you start an activity and enjoy right of establishment when you have an excess to an activity in a member state and it includes the right to work as a self-employed person licensing requirements or qualifications as far as the right of access to self-employment is concerned as far as the right of access in Turkish she Girish Kushwaha is she Jewish you should get as far as the right of access to self-employment is concerned article 49 of the founding treaty applies to both primary and secondary establishment what do we mean with that when we say an individual enjoys right of establishment and this provision on the right of establishment covers both primary and secondary establishment what do we mean yes can sorry it does not matter what do you mean actually um you can be a teacher or nurse and you can be a suffering for employee person at the same time in order to support your family no no least no no we speak about right of establishment in the member state so yes exactly so can um apply this example to the right of establishment in deu how could you separate how could this happen okay you are German citizen okay as a self-employed you may start an activity in Italy as a primary establishment all right if you are a lawyer for example a German lawyer and you may establish an office in Italy enjoying the right of establishment this is primary establishment but as a German lawyer when you have already have an office in Germany you may also establish another branch or an office in Italy for example this is your secondary establishment therefore article 49 of the founding treaty or includes both primary establishment where an individual leaves his member state his Member State for example state aid to establish a permanent residence in state P this is permanent as sorry primary establishment and also to secondary establishment when an individual maintains his establishment in state a while setting up a second professional base such as an office or a chamber in state P article 49 provides for the principle of equal treatment according to that provision each member state is free to regulate access to a profession in its territory every member state when there are no EU law ie you rules in an name in any given area in a given profession every member state is free to regulate the access of a profession in its territory provided that the national regulation does not directly or indirectly discriminate on the grounds of nationality as you would remember we speak about directly discriminatory measures directly discriminatory measures in Turkish the old an item to will be llama life when the National provision treats migrants less favorably than Nationals when a national rule treats migrants less favorably than the Nationals we speak about directly discriminatory measures these can only be saved such national rules can only be saved because of the reasons of public security public policy and public health the derogations are provided under Article 52 of the treaty on the functioning of the European Union derogation exceptions are provided under Article 52 of the treaty on the functioning of the European Union as public policy public security and public health for example a Belgian rule that prevents a qualified Dutch national from practicing as a lawyer in Belgium on the grounds of his nationality breaches article 49 a national rule which prohibits the practice of nationals of other member states just because of the fact that there are Nationals of other member states breaches article 49 yes Corso just explained yes but this this would take around 3-4 weeks for us to explain that's why I told to you to read the derogations from the chapters okay there is a huge case though about these variations brought for goods for workers and for establishment our services okay yes okay I will explain them in detail this is just this is just the beginning okay I will explain you the rules as regards lawyers alright secondly what is also prohibited is the indirect discriminatory measures can you give me an example or how would you explain an indistinctly or indirectly discriminatory measures yes Dennis yes there is no discrimination based on nationality here the rule itself does not make a distinction based on nationality between the migrant and the national therefore the rule treat the migrant and the citizen the national in the same way but in fact there is a disadvantage on the migrant sites such measures also breaches article 49 for instance national rules which require registration for professional bodies to be able to have an access to South employment in that member state or national rules requiring the persons professionals to hold their license before they start practicing these rules I usually considered as indirectly discriminatory because they place a dual burden on the migrants the migrants first have to satisfy the requirements of their home member state to practice and then the requirements of the host member state although the nationals only required to satisfy the conditions of their own Member State as you will be seeing for instance in the free movement of lawyers as regards the right of establishment the lawyers are able to use the bare titles when they obtain it from their home Member States but for that title to be obtained first there has to satisfy the requirements and they have to be registered for the professional bodies and then when they get that title then it is possible to use that title in a second member state but for that also if it is required that they have to also satisfy certain requirements to be able to be to be registered for that professional body then there is a fuel burden on the migrant if that person does not move from one member state to another it is or it will be only sufficient to fulfill the requirements of one member state only therefore these rules which do not add the your facemate make a distinction between nationals and migrants but in fact there is a disadvantage for the migrants are considered as making a distinction or indirect distinction discrimination between the nationals of the Member States the second aspect of the right of establishment is the right to pursue an activity meaning the exercise of activities the exercise of activities as a self-employed person when we say exercise an activity or exercise a profession we mean the terms and conditions under which a profession is performed as regards the exercise of the right of establishment there is also or the main proof main principle here is also equal treatment meaning that national rules which directly or indirectly discriminate on the grounds of nationality in respect of exercising a profession he is also prohibited under Article 49 for instance the Italian law which provided that dentists who transfer their residents to another member state lost their registration with the Italian dentist Association the Italian dent or the dentist the Italian law stating that the dentist who transferred their residences to another member state also lost their registrations with the Italian dentist Association is found to be contrary to article 49 this rule did not apply at that time to the Italian nationals but only to the foreigners therefore it was found directly discriminatory the principle of equal treatment also applies in respect of access to where is general facilities the the principle of equal treatment also applies to in respect of access to different general facilities which are necessary to pursue self-employment activity for instance takes advantages social advantages which allow only nationals to enjoy certain rights are discriminatory for instance rules which only gives the right to purchase immovables to nationals only or to leave housing to Nationals only are found discriminatory therefore as regards right of establishment there are today the provisions of the founding treaties and there are also secondary instruments one of the main secondary instruments is the director 2005 / 36 on the recognition of professional qualifications the lawyers are not included here there is another directive about lawyers as you will be seeing the that is director applies all Nationals of Member States who would like to pursue an activity sorry to pursue a regulator provision for profession a regulated profession in a member state other than in which he obtained his professional qualification therefore the directive provides rules for regulated professions we will be seeing what it is and for this stuff this directive also applies for persons who have obtained their profession from a member state but who would like to exercise that activity in another member state a regulated profession involves a professional activity which requires specific professional qualifications for which evidence of formal qualifications evidence of formal qualifications or competence or professional experience is required according to the directive the recognition of professional qualifications by the host member state host member state si David recognition of professional qualifications by the host member state allows the beneficiary beneficiary sorry you're a lana beneficiary to gain an excess in that member state to the same profession as the persons who are qualified in the host member state and under the same conditions as its nationals therefore once your professional qualifications are recognized then you you are accepted in the host member state as if you have obtained your qualification in that member state and you will be able to work in the second member state under the same conditions as its nationals this is the basic rule provided under article 4 paragraph 1 of the director the directive then distinguishes between those providing services and those which would like to establish themselves when I say establish themselves I want to mean to provide I am making a distinction now between provision of services and exactly when I when I speak about people who would like to establish themselves I am referring to the right of establishment okay so here we say that the directive makes a distinction between the services provide the the ones who would like to provide services and the ones who would like to enjoy the right of establishment as far as the free provision of services in this concern under the director any member state national legally established in member state a may provide services on temporary and occasional basis in state B according to the original professional title without having to apply for recognition of professional qualifications therefore according to the director according to the provisions of the provision of services of the director any member provision of services is provided free provision of services and according to that any national of a member state legally established in member state aid may provide services on a temporary and occasional basis in member state B under their original professional title without sorry without yes or in short without having their professional title recognized by that member state if the preview profession is not regulated in the first member state because the directive only applies for regulated professions if it is not regulated in the first member state then the person concerned must provide evidence for two years experience two years experience but attention this two years experience is only required if that profession is not regulated in the first member state if it's regulated then two years of experience is not required wait second right of establishment or freedom of establishment as regards freedom of establishment which means professionals which are established in one member state other than they're all members stayed home member states on stable basis the situation of these people are also provided in the directive and directive provides for three systems of recognition of qualifications for the freedom of establishment the first is a general system of recognition of professional qualifications the general system provided by the director applies to all professions which are not covered by specific rules it also applies where the migrant does not satisfy specific sorry conditions set out for other recognition shims second the directive provides for a system of automatic recognition of qualifications attested by professional experience meaning which require professional experience these are listed as industrial craft and commercial activities in the director therefore for such qualifications to be recognized duration and form of professional activity is taken into account and also professional experience is required for such activity activity professions to be or qualifications to be recognized you need the professional experience the amount of professional experience you need duration and form of professional experience to be taken into account and third the third issue that is provided by the director is the recognition the system of automatic recognition of qualifications for specific professions according to these rules of the directive which are provided under Chapter three each member state must automatically recognize the qualifications or the certificate of training for the following professions doctors nurses dental practitioners pharmacists midwives midwife in Turkish eBay architects veterinary surgeons according to the director therefore the member states are under an obligation to automatically recognize the training certificates of these professional groups lawyers are not provided or are not covered by this directive the legal profession has been subject to different directives the first directive on the recognition of professional qualifications of lawyers was dated in 1977 it was the first directive on the legal profession directive 77 / 249 today there are two different directives which which concerned lawyers the first one is this one the the first director that was enacted this provides rules for the freedom to provide services the exercise of lawyers or the exercise by lawyers of freedom to provide services and second one is 90 / 5 on practicing law in other EU Member States according to these directors law is established in one of the member states of the European Union can offer their services on a temporary basis in another member state for them to do so they have to keep the professional title from their home country home member state which is expressed in the language of their home country they had to have their own title or professional title from their home country which is expressed in the language of their home country for example the titles of barrister or solicitor which is obtained from Ireland or the United Kingdom they can use their professional title in other member states when they provide services on temporary basis second opportunity is the establishment in another member state again lawyers who have established themselves in one you country may establish themselves in another EU country and carry out the same activities in the second state on permanent basis okay when lawyers where are you now you are already caught me no problem yes well okay the lawyer is already established in one member state may also provide their services in the second member state on permanent basis meaning they can all they can also enjoy the right of establishment in another member state to do so again they have to keep their home professional title to establish themselves in another member state to establish themselves in another member state they have to register with the authorities of host country and they have to provide proof of certificate of their registration for the home country they have to register with the authorities of the host member state and they have to provide proof of their registration in their home country as well after three years of regular practice in the host country the lawyers may apply to acquire the professional title of the host country therefore in the first three years even if they establish themselves in the NSA in the second member state they have to use their home country title professional title they have to first they have to be registered with the well as the bar for example of their home country and then they have to show this as a proof for the registration of their for the registration for the second member state the host member state and after three years then they can start using the professional title of the host country okay but attention of course the directives these directives only provide rules for the provision of services and the right of establishment of lawyers which are educated in one of the member states of the European Union you we we are not subject to the same rules okay since we are in the status of third country nationals in the European Union okay but of course we have different rights arising from Ankara agreement not as lawyers but as Turkish nationals and we will be dealing with those rights the rights of migrants Turkish migrants in the second semester all right let's give ten minutes break