Europe

Every year, the British Council European Young Lawyers scheme offers the opportunity for 10 lawyers from across Europe to spend 6 months in Scotland studying at university and working with solicitors, advocates and judges as part of a long-running programme to allow them to gain an insight into Scots law and culture. Participants in the scheme have traditionally been known as “Eurodevils” and here the 2002 devils give an insight into their reasons for coming to Scotland, and how they have found the Eurodevil experience.

Do you ever feel tired of applying the same old legal rules and principles, to be found in the same sources of law? Feel like it would be nice to try out another legal system for a while, maybe even in a different language?  Yes? Well, this year’s Eurodevils have been given exactly this opportunity. Ten young lawyers, all from different European jurisdictions, are currently trying their best to practice law in Scotland – and they are quite enjoying themselves doing it.

Many lawyers in Scotland will have come across the European Young Lawyers Scheme, or its participants, the Eurodevils, before. The scheme is an annual programme, and it celebrates its twenty-seventh anniversary this year. The aim of the six-month scheme is to introduce young lawyers from Europe to Scottish law. It is run by the British Council, and is mainly divided into three parts: approximately two months are spent at the Faculty of Law of Edinburgh University (an academic introduction to the law and governance in Scotland), two months in legal offices or with public bodies in Edinburgh or Glasgow and finally two months attached to members of the Faculty of Advocates at Parliament House (hence the epithet “Eurodevils”). The programme also includes a one-week study visit to Belfast.

Taking part in this year’s scheme are ten young men and women, all from different European jurisdictions (Belgium, Estonia, Finland, France, Germany, Hungary, Lithuania, Portugal, Spain and Sweden). Most are in their late twenties or early thirties. They are fully qualified lawyers within their own legal systems, but have decided to take time out in their careers to learn about Scottish law and culture. As Miguel Fabre, the Portuguese participant, puts it: “Taking part in the scheme is not only a challenge professionally, trying to practise in a foreign language and applying a whole new set of rules, but also a great chance to learn about a different country – when I was accepted for the scheme, I knew that I definitely had to take the opportunity.”

The Eurodevils arrived to Scotland in mid-January this year, and began by attending five weeks of introductory courses at the University of Edinburgh. A number of seminars were held, covering a broad range of topics. These included, for example, much appreciated sessions with Lord Reed (on Human Rights) and Professor Black (on the Lockerbie Trial). In addition to the seminars, visits were arranged to the Court of Session and to the Procurator Fiscal’s Office.

During the initial academic period, many opportunities were also given for the Europeans to familiarise themselves with Scottish cultural traditions. The German Eurodevil, Maike Baumann, explains: “Yes, we were, for example, invited to a ceilidh during our first week here. We had no idea what it was when we went, and did not know that we would be expected to dance. We all did our best though, and we had a great time. I think everyone was especially impressed with the dancing moves of Kimmo (the Finnish participant)”. The Eurodevils then went on to attend a traditional Burns Supper at the Caledonian Hotel, arranged by the university’s Law Society, where many of them got their first taste of haggis. “It was a wonderful night, and it was also the first formal dinner I have gone to where I have felt like I stood out because I was wearing trousers”, jokes Renaud Simar from Belgium (with reference to the fact that a great number of the male guests were dressed in their kilts).

After the initial courses, and after spending a week in Northern Ireland, the European lawyers started their placements with different Scottish legal offices just before  the end of February. This year, the Eurodevils were on placement with a number of Scotland’s top firms of solicitors, as well as public bodies.  Thanks go to Balfour & Manson, Brodies, Burness, Fyfe Ireland, Ketchen & Stevens, Maclay Murray & Spens, McCourts, McClure Naismith, Simpson & Marwick, Stevenson & Marshall, Tods Murray, Employment Tribunals, Procurator Fiscal’s Office, Crown Office, the Scottish Executive and Scottish Law Commission for providing placements.  “The placements are an important part of the scheme”, explains Joëlle Godard, the Academic Director for the programme, “and they have generally been much appreciated by both the participating firms and by the Eurodevils”. During the placements the European lawyers are doing their best to assist their hosts, while learning about the practical workings of the Scottish legal system. David Löfgren, the Swedish participant, says: “It is indeed a very interesting experience. One thing I have noticed is that the questions asked by the clients are generally the same in Sweden and Scotland, which makes sense since they have the same concerns. A big difference is, though, that here I do not know any of the answers without looking them up”.

From May and up until July this year, which is when the programme ends, the Eurodevils will have the chance to “shadow” advocates at Parliament House. “This is a unique opportunity, and we all look forward to it”, says Carmen Escudero from Spain. She goes on: “Most of us are from countries where there is not a split lawyers’ profession, but, by contrast, the career as a judge is a separate one. This will give us an excellent opportunity to learn about the Scottish professions up close.”

The Eurodevils are also enjoying Scotland and Scottish culture in their free time. “We are trying to see and do as much as we can while we are here”, reports the French participant, Lionel Vuidard, “and so far we have kept ourselves quite busy.” Excursions have been made by the Eurolawyers to historical towns such as Stirling and St Andrews during weekends, and a considerable number of nights have been spent discovering the pubs of Edinburgh. “All of us are very impressed by how friendly people are here, and how easy it is to have fun when you go out”, says Raminta Karlonaite of Lithuania. Mari-Liis Tõrs, the Estonian participant, agrees: “Yes, and the countryside here is beautiful. The experience from the professional part of the scheme is certainly only one of the many good things that we will take with us when we go back home in July”.

Practice in Europe

Recognition of professional qualifications under discussion

In an attempt to facilitate the free movement of professionals, the European Commission has come forward with a proposal on the recognition of professional qualifications (www.europa.eu.int/comm/internal_market/en/qualifications/index.htm). According to the proposal, lawyers’ practice rights will continue to be the subject of specific Directives – namely the Lawyers’ Establishment Directive and the Lawyers’ Services Directive - as these Directives concern the right to practise rather than professional qualifications. However, the proposal will cover the recognition of lawyers’ professional qualifications. As the proposal currently stands, lawyers wishing to have their qualifications recognised in another Member State would have a choice between an aptitude test and an “adaptation” in the host Member State. The text has now been sent to the European Parliament and the Council of Ministers for their views.

Employment Law

Equal Rights for Temporary Workers

On 20 March 2002, the Commission published a draft Directive setting out general principles for the equal treatment of temporary workers in an attempt to bring them into the mainstream of the labour market. The Directive, to be adopted under the co-decision procedure (which puts the Parliament and the Council on a level footing in the legislative process), offers temporary agency workers the right to the same pay and conditions as regular employees in cases where their work is equivalent and the worker profiles are similar. The proposal will allow temporary workers to take advantage of maternity and sick leave, pension schemes and training. The provisions oblige employment agencies to make sure that “user undertakings” - those companies which use temps - comply with the rules. However, the provisions will not apply where a worker is a permanent employee of the agency, and if the employment relationship itself affords adequate protection to the worker. Neither will it apply in cases where the temporary worker is replacing a better qualified or more experienced employee. The UK lacks specific legislation on the rights of temporary workers and UK employers’ associations have expressed opposition to the proposal. The Parliament will give its Opinion to the Council shortly, either approving or amending the proposal.

Electronic Commerce
European businesses set for change of identity through ‘.eu’

EU businesses and organisations will soon have the opportunity of assuming a new European identity through the planned .eu domain name. In October 2001 the Commission put forward an amended proposal for a Regulation which would put in place the framework for the .eu suffix.  The proposal was adopted by EU ministers at the Telecommunications Council at the end of March 2002. Although this means that the domain name has received official approval, there are still a number of formalities and procedures to be completed by the Commission before it can become operational. The Commission will publish a call for expressions of interest for the organisation that will operate the Registry for the .eu domain name in the coming months. The registration of .eu domain names is expected to start in 12-18 months.