Subject and Keywords:
legal services ; types of legal services ; regulated and unregulated legal services market ; national and foreign legal services market ; legal liberal profession ; regulated profession and public trust profession ; regulated legal professions providing legal services ; advocates ; legal advisers ; foreign lawyers ; patent attorneys ; tax advisers ; notaries ; self-government of public trust professions ; provision of proper performance of regulated professions providing legal services and a public supervision over it ; organizational forms of provision of legal services ; economic freedom ; freedom of profession ; equal treatment and non-discrimination rule ; freedom of establishment ; freedom to provide services ; constitutional and EU guarantees of protection of listed legal values ; restrictions of the organizational forms of legal services ; assessment of restrictions concerning freedom of choice of the organizational and legal forms of provision of legal services in the light of EU law and national law ; assumptions of changes in the regulations concerning national legal services market
The primary objective of this work is to register and assess the limitations of organizational and legal forms of provision of legal services from the perspective of the Polish law and taking into account the European Union law. So far, the issue has not been the subject of more extensive studies in the literature, however, it is essential for the functioning of the legal services market in Poland. Any narrowing of the choice possibilities in respect of the organizational forms of provision of legal services is a restriction to the freedom of establishment and provision of services and the economic freedom as well as the freedom of profession and occupation granted under the Treaty and Constitution. Although they are generally allowed, but only through maintaining protective guarantees laid down in Union law and in the Constitution of the Republic of Poland. It was therefore necessary to examine whether the numerous restrictions on the freedom of choice of an organizational and legal form of provision of legal services meet the conditions of their admissibility.