Barring Aliens From Taking the Bar: Discrimination in Europe's Legal Profession

Abstract

This article discusses discrimination against foreigners in the legal profession using Kosovo as a case study. Foreign nationals cannot take the bar exam in Kosovo or register as new lawyers. Citizenship is required by law, as in many European countries. But the requirement is unconstitutional, for it denies equality before the law and the right to work. In Kosovo, it also targets already vulnerable communities and worsens emigration trends. Reviewing Kosovar, European, and foreign jurisprudence, I argue that the citizens-only proviso fails to meet any criteria warranting discrimination. Therefore, Kosovo should act quickly to remove the citizenship requirement, while also considering related issues that impact freedom of movement and hinder development.

Keywords: Constitutional Law, Comparative Law, Bar Exam, Admission to the Practice of Law, Legal Profession, Foreign Lawyers, Aliens, Citizenship, Discrimination, Human Rights, Equality, Equal Protection Clause, Right to Work, United States, Europe, European Union, Kosovo, ECHR, ECtHR