Oireachtas Joint and Select Committees

Wednesday, 10 July 2019

Joint Oireachtas Committee on European Union Affairs

Alliance-Building in the European Union: Discussion

Mr. Ken Murphy:

Under EU services legislation, there is a right for individuals who are not established, as it is called to what is known as fly in, fly out, FIFO, to come in on individual cases and to be brought in. There is an establishment directive for the legal profession. In some of these very high profile and human rights cases, Mr. Mansfield QC did that. The fact of the matter is that the law of individual EU jurisdictions is different. Although much of it has its origins in the EU, most of the law, the national laws in jurisdictions, tends to be different and the practice and procedures in the courts can be a bit different. There is a general view that people are best advised to have a lawyer qualified in the member state in respect of whose court they are appearing rather than someone from elsewhere, in terms of their knowledge of the courts and knowledge of practice and procedure in the courts, but there are exceptional people, such as Mr. Mansfield QC.

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