Free movement of services: infringement proceedings against Sweden - Main contents

The Commission has decided to send a reasoned opinion to Sweden as it believes that restricting the choice of legal adviser for persons receiving legal aid to lawyers whose services will not lead to claims for additional costs is contrary to Article 49 of the EC Treaty.

While Swedish legislation in theory allows any person capable of providing legal aid to be appointed as legal aid adviser regardless of where that person is established, the legislation is applied and interpreted in such manner that only persons established in Sweden may be appointed. The Commission takes the view that this rule means that Swedish nationals are unable to seek legal advice from persons not based in Sweden and that it restricts the opportunities for such legal advisers to provide services in Sweden. In the Commission's view, there are means to guarantee access to justice which are less restrictive, e.g. capping the amounts which may be paid for legal aid given by legal advisers so that the state is not obliged to bear any additional costs, especially travel expenses, which may arise if advice is sought from a legal adviser based in another Member State.

The latest information on infringement proceedings concerning all Member States can be found at:

http://ec.europa.eu/community_law/index_en.htm