ESA calls on Liechtenstein to comply with EFTA Court judgment on lawyers’ right to practice across the EEA

The EFTA Surveillance Authority (ESA) has today delivered a reasoned opinion to Liechtenstein concerning restrictions on the professional activities of European lawyers under Liechtenstein law.

Currently, under Liechtenstein law, lawyers who obtained their qualifications in another EEA State are not permitted to serve as legal aid lawyers, legal aid defence counsels, or ex officio defence counsels.

In 2022, the Administrative Court of the Principality of Liechtenstein requested an advisory opinion from the EFTA Court on whether this national rule violates EEA law, specifically the EU Lawyers' Directive . The provisions of the Directive aim to ensure that lawyers from EEA States can practise freely across the EEA, and it provides for an exhaustive list of exceptions from that rule. In October 2023, the EFTA Court concluded that prohibiting European lawyers from accepting legal aid mandates is incompatible with EEA law and exceeds the allowed exceptions under the Directive.

Building on these findings, ESA opened an own-initiative case in November 2023, extending it to two additional aspects of alleged non-compliance that were not addressed in the EFTA Court judgment but that the Authority deems to be covered by the conclusions of it. Subsequently, a letter of formal notice was issued to Liechtenstein as a first step of an infringement procedure in April last year. As the EFTA Court delivered its judgment more than two years ago, ESA considers that Liechtenstein has had sufficient time to ensure compliance with the ruling.

ESA has concluded that Liechtenstein is not fulfilling its obligations under the Directive, as its Lawyers Act still contains restrictions that go beyond what the Directive allows.

A reasoned opinion is the second step in formal infringement proceedings against an EEA EFTA State. Liechtenstein now has two months to implement the necessary measures before ESA may decide to take the case to the EFTA Court.

You can read the reasoned opinion here .

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