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Lawyers: freedom of establishment

The directive facilitates the practice of the profession of lawyer on a permanent basis in private or salaried capacity in a Member State other than that in which the professional qualification was obtained.

ACT

Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained [See amending act(s)].

SUMMARY

The directive applies to lawyers in private or salaried practice in the home or a host Member State.

Lawyers may pursue their profession on a permanent basis in another Member State under the professional title acquired in the home Member State. Those wishing to do so are required to register with the competent authorities of the host Member State.

Apart from specified exceptions, a lawyer practising under his/her home-country professional title must carry on the same professional activities as the host-country lawyers. S/he may give advice on the law of his home and host Member State, as well as on Community and international law.

After the effective and regular pursuit of activity for an unbroken period of three years in the host Member State, the lawyer is deemed to have acquired the skills necessary to completely integrate into the profession of lawyer in that Member State. However, if such activity does not include the law of the host Member State or Community law, lawyers may be required to take an aptitude test limited to the law of procedure and the rules of professional conduct of the host Member State.

One or more lawyers who belong to the same grouping in their home Member State and practise under their home-country professional title in a host Member State may pursue their activities in a branch or agency of their grouping, provided that the host Member State allows joint practices.

Lawyers practising under their home-country professional title are subject to the rules of professional conduct and the disciplinary procedures of the host Member State.

REFERENCES

ActEntry into forceDeadline for transposition in the Member StatesOfficial Journal
Directive 98/5/EC

14.3.1998

14.3.2000

JO L 77 of 14.3.1998

Amending act(s)Entry into forceDeadline for transposition in the Member StatesOfficial Journal
Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded

1.5.2004

-

JO L 236 of 23.9.2003

Directive 2006/100/EC

1.1.2007

1.1.2007

JO L 363 of 20.12.2006

Last updated: 20.01.2010
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