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Dr Magdalena Jaś-Nowopolska
ORCID: 0000-0002-0278-8335

Doctor of Law; Coordinator of the Institute (Institut für anwaltsorientierte Juristenausbildung) at the Faculty of Law, Justus-Liebig University, Giessen (Germany). Author of dozens of scientific publications in the fields of European law, public economic law, environmental law and the legal professions. Manager and executor of international scientific grants.

 
DOI: 10.33226/0137-5490.2024.6.6
JEL: K23, K29

The subject of this study is the problem of admissibility of holding property interests in organizational units dedicated to providing legal assistance by persons who do not have the right to practice one of the legal professions. Bearing in mind the solutions adopted in Polish and German law, an answer will also be given to the question of whether restrictions relating to the prohibition of participation of persons who do not have the right to perform the professional activity of providing legal assistance may constitute a violation of the freedoms of the internal market, including, in particular, the freedoms of capital transfer, provision of services and entrepreneurship. The above issue is in connection with a preliminary question referred by the Bavarian Bar Court to the Court of Justice of the European Union in 2023, concerning a possible violation of European law through the application of the prohibition on ownership of third-party shares within the structures for the practice of the legal profession.

Keywords: attorneys-at-law; prohibition of ownership; legal professions; provision of legal aid