Traducción de «abogado general » (Español → Inglés) :

Advocate General

the Advocates-General shall take part and have a vote

Jurist (except lawyer or judge)

member of the Court of Justice (EU) [ Advocate-General (CJUE) | Judge (CJUE) | member of the EC Court of Justice | Registrar (CJEU) ]

junior barrister [ ordinary barrister | junior ]

Barrister's clerk

If the questions mentioned in paragraph 1 are answered in the negative, is Article 132 of Directive 2006/112/EC compatible with the principle of equality and non-discrimination enshrined in Articles 20 and 21 of the Charter of Fundamental Rights of the European Union and Article 9 of the Treaty on European Union, in conjunction with Article 47 of the Charter, in so far as it does not provide, among activities in the public interest, for VAT exemption for services of lawyers, when other supplies of services are exempted as activities in the public interest, such as the supply of services by the public postal services, various medical serv ...[+++]ices or services connected with education, sport or culture, and when that difference in treatment between services of lawyers and services exempted by Article 132 of the directive raises sufficient doubts because services of lawyers contribute to respect for certain fundamental rights?

In the light of the general principle which prohibits any abuse of rights and Article 4(2) TEU, relating to respect for national identities, is Article 3 of Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (1) to be interpreted as obliging national administrative authorities to register in the register of lawyers qualifying abroad Italian nationals who have ...[+++] conducted themselves in a manner which abuses Union law, and as precluding a national practice which allows such authorities to reject applications for registration in the register of lawyers qualifying abroad where there are objective circumstances to indicate that there has been an abuse of Union law, without prejudice either to respect of the principles of proportionality and non-discrimination or to the right of the person concerned to institute legal proceedings in order to argue a possible infringement of the right of establishment and, consequently, the possibility of judicial review of the administrative action in question?

J. whereas, notwithstanding this, with the Union's accession to the ECHR, the Union may over time have to find a common yardstick in cross-border cases relating to the freedoms to supply goods and services as a result of the ‘dialectical development’ looked forward to by Advocate General Mancini in the Bond van Adverteerders case, having regard also to the judgments in Elliniki Radiofonia Tileorasi and Society for the Protection of Unborn Children Ireland Ltd and Advocate General Jacobs' opinion in Christos Konstantinidis ; indeed, in the case Society for the Protection of Unborn Children Ireland Ltd , Advocate General Van Gerven put f ...[+++]orward the proposition that ‘a national rule which in order to show that it is compatible with [Union] law has to rely on legal concepts, such as imperative requirements of public interest or public policy .falls ’within the scope' of [Union] law' on the ground that, although the Member States have some discretion in defining the public interest or public policy concepts, the scope of those concepts in the case of measures falling within the scope of Union law is nevertheless subject to Union control and they have to be ‘justified and delimited in a uniform manner for the whole [Union] under [Union] law and therefore taking into account the general principles in regard to fundamental rights and freedoms’;

J. whereas, notwithstanding this, with the Union's accession to the ECHR, the Union may over time have to find a common yardstick in cross-border cases relating to the freedoms to supply goods and services as a result of the "dialectical development" looked forward to by Advocate General Mancini in the Bond van Adverteerders case, having regard also to the judgments in Elliniki Radiofonia Tileorasi and Society for the Protection of Unborn Children Ireland Ltd and Advocate General Jacobs’ opinion in Christos Konstantinidis; indeed, in the case Society for the Protection of Unborn Children Ireland Ltd, Advocate General Van Gerven put forw ...[+++]ard the proposition that "a national rule which in order to show that it is compatible with [Union] law has to rely on legal concepts, such as imperative requirements of public interest or public policy .falls 'within the scope' of [Union] law" on the ground that, although the Member States have some discretion in defining the public interest or public policy concepts, the scope of those concepts in the case of measures falling within the scope of Union law is nevertheless subject to Union control and they have to be "justified and delimited in a uniform manner for the whole [Union] under [Union] law and therefore taking into account the general principles in regard to fundamental rights and freedoms";