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A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching the philosophy, hypothesis and history of law, and giving expert legal opinions.
A lawyer or attorney is a person who practices law, as an advocate, attorney at law, barrister, barrister-at-law, bar-at-law, canonist, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant preparing, interpreting and applying the law, but not as a paralegal or charter executive secretary. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services. The role of the lawyer varies greatly across different legal jurisdictions.
European Union law is a system of rules operating within the member states of the European Union. Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".
European competition law is the competition law in use within the European Union. It promotes the maintenance of competition within the European Single Market by regulating anti-competitive conduct by companies to ensure that they do not create cartels and monopolies that would damage the interests of society.
The European Single Market, Internal Market or Common Market is a single market comprising the 27 member states of the European Union (EU) as well as – with certain exceptions – Iceland, Liechtenstein, and Norway through the Agreement on the European Economic Area, and Switzerland through bilateral treaties. The single market seeks to guarantee the free movement of goods, capital, services, and people, known collectively as the "four freedoms".
The EFTA Court is a supranational judicial body responsible for the three EFTA members who are also members of the European Economic Area (EEA): Iceland, Liechtenstein and Norway.
The Law Society of British Columbia is the regulatory body for lawyers in British Columbia, Canada.
The Freedom to Provide Services or sometimes referred to as free movement of services along with the Freedom of Establishment form the core of the European Union's functioning. With the free movement of workers, citizens, goods and capital, they constitute fundamental rights that give companies and citizens the right to provide services without restrictions in any member country of the EU regardless of nationality and jurisdiction.
Article 101 of the Treaty on the Functioning of the European Union prohibits cartels and other agreements that could disrupt free competition in the European Economic Area's internal market.
Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62 was a landmark case of the European Court of Justice which established that provisions of the Treaty Establishing the European Economic Community were capable of creating legal rights which could be enforced by both natural and legal persons before the courts of the Community's member states. This is now called the principle of direct effect. The case is acknowledged as being one of the most important, and possibly the most famous development of European Union law.
Bates v. State Bar of Arizona, 433 U.S. 350 (1977), was a United States Supreme Court case in which the Court upheld the right of lawyers to advertise their services. In holding that lawyer advertising was commercial speech entitled to protection under the First Amendment, the Court upset the tradition against advertising by lawyers, rejecting it as an antiquated rule of etiquette.
The Rosella or International Transport Workers Federation v Viking Line ABP (2007) C-438/05 is an EU law case, relevant to all labour law within the European Union, including UK labour law, which held that there is a positive right to strike. However, it also held that the right to strike could infringe a business's freedom of establishment under the Treaty on the Functioning of the European Union article 49. The decision has been criticised for the Court's inarticulate line of reasoning, and its disregard of fundamental human rights.
The general principles of European Union law are general principles of law which are applied by the European Court of Justice and the national courts of the member states when determining the lawfulness of legislative and administrative measures within the European Union. General principles of European Union law may be derived from common legal principles in the various EU member states, or general principles found in international law or European Union law. General principles of law should be distinguished from rules of law as principles are more general and open-ended in the sense that they need to be honed to be applied to specific cases with correct results.
The Council of Bars and Law Societies of Europe (CCBE) is an association gathering together bar associations of 32 countries in Europe and an additional eleven associate and observer members. The CCBE represents around a million European lawyers before EU institutions mainly, but also before other international organisations. The CCBE is an international non-profit organisation (AISBL) under Belgian law and has its seat in Brussels.
The Meca-Medina ruling, known officially as David Meca-Medina and Igor Majcen v Commission of the European Communities, was a landmark judgement in the European Court of Justice that established primacy of EU law over sports federations. The ruling concerned David Meca-Medina and Igor Majcen, long distance swimmers from Spain and Slovenia and their failed drugs test. The case was wide-reaching and important because it established the scope and nature that individual laws by sporting regulators, league operators and individual associations in Europe could impose their own rules and if they were in direct conflict with EU treaties, acquis or judgements by the European Courts of Justice.
O2 (Germany) GmbH & Co OHG v Commission (2006) T-328/03 is an EU competition law case, concerning the requirements for a restriction of competition to be found under TFEU article 101.
Josemans v Burgemeester van Maastricht (2010) C-137/09 is an EU law case, concerning the free movement of services in the European Union.
Alpine Investments BV v Minister van Financiën (1995) C-384/93 is an EU law case, concerning the free movement of services in the European Union.
Omega Spielhallen und Automatenaufstellungs-GmbH v Oberbürgermeisterin der Bundesstadt Bonn (2004) C-36/02 is an EU law case, concerning the freedom to provide services and the free movement of goods in the European Union.
Ker-Optika bt v ÀNTSZ Dél-dunántúli Regionális Intézete [2010] ECR, Case C-108/09 is an EU law case concerning a conflict of law between Hungarian national legislation and European Union law. The Hungarian legislation regarding the online sale of contact lenses was considered with regards to whether it was necessary for the protection of public health, and it was concluded that this could have been done by less restrictive measures. Despite the internal measure in this case being categorised as a selling arrangement, which would generally be determined by the discrimination test established in Keck, the Court went on to use a market access test, as per Italian Trailers. Thus, this case is crucial in the recent development of the tests for determining measures equaling equivalent effect.