Service Finder
European lawyer Applying for admission to the Bar Association
Service Description
If you are admitted as a European lawyer to the bar association responsible for your place of establishment, you may work in Germany under the professional title that you are also permitted to use in your country of origin. This is not permitted in Germany without admission as a European lawyer to the respective bar association. Admission to the bar association requires the applicant to be registered as a European lawyer with the competent authority in the country of origin.
If you are admitted as a European lawyer, you must prove regularly, usually every three years, that you are still admitted as a lawyer in your home country. Otherwise your recognition as a European lawyer in Germany will be withdrawn.
If there are other reasons why you are no longer allowed to work as a lawyer, you are obliged to inform the relevant bar association of these reasons.
Process flow
To apply for admission as a European lawyer, you must submit the required documents in writing.
- Your documents will be processed by the competent bar association and checked for completeness
- If you do not meet the requirements, your application for admission will be rejected.
- If your documents are incomplete, the bar association will request the missing documents
- If you do not submit the required documents, your application for admission will be rejected.
- If your documents are complete and there are no obstacles to admission, admission will be granted
- You will receive the admission certificate by post.
Who should I contact?
The Thuringian Bar Association decides on the application for admission to the Bar Association.
Requirements
- Licensed lawyer in the country of origin (in the European Union/European Economic Area or Switzerland).
- Proof of professional liability insurance or submission of a provisional cover note.
Which documents are required?
- Application form
You must submit a completed and signed application for admission, together with a curriculum vitae with photograph.
- Proof of nationality
You must submitproof of your nationality (certified copy of a valid identity document) from a member state of the European Union or another state party to the Agreement on the European Economic Area or Switzerland.
- Proof of a certificate from the country of origin
You must submit a certificate (and a certified copy) from the competent authority in your country of origin which shows that the European lawyer belongs to this profession. The certificate must not be older than three months at the time of submission. As a rule, you must resubmit the certificate to the competent bar association every 3 years after your possible admission.
- Proof of previous convictions
You must submit a certificate from the competent authority in your country of origin stating that you are not aware of any serious professional misconduct, criminal offenses or other circumstances that call into question your suitability for the profession of lawyer.
- Proof of birth certificate
You must submit your birth certificate. If you have had a change of name since birth, you must also submit documentary evidence of the name (marriage certificate/excerpt from the family register).
- Proof of academic degree
If you hold an academic degree, you must submit proof of this, e.g. a certified copy of your doctoral certificate or further proof of academic degrees.
- Proof of professional indemnity insurance
You must submit proof (in the original) that you have taken out professional liability insurance in accordance with Section 51 of the Federal Lawyers' Act (BRAO) or submit a provisional cover note. An insurance policy in your home country satisfies the legal requirements if it is equivalent to an insurance policy pursuant to Section 51 BRAO in terms of conditions and scope of cover. If you have foreign insurance cover, you must submit a certificate from the insurer stating the terms and conditions of the insurance and the scope of cover on an annual basis after possible admission.
- Proof of fee payment
You must submit proof that you have paid the applicable fees. The fee is due upon submission of the application to the Chamber.
What are the fees?
A fee of EUR 100.00 is charged for the admission procedure.
What deadlines do I have to pay attention to?
There are no deadlines to be observed.
Processing duration
Depending on the responsible office, the processing time is usually between 4 and 8 weeks.
Legal basis
- § Section 2 of the Act on the Activities of European Lawyers in Germany (EuRAG)
- § Section 3 of the Act on the Activities of European Lawyers in Germany (EuRAG)
- § Section 4 of the Act on the Activities of European Lawyers in Germany (EuRAG)
- Federal Lawyers' Act (BRAO)
- Professional code of conduct of the legal profession in Germany
- Act on the Activities of European Lawyers in Germany (EuRAG)
- § 3 and 4 of the statutes of the Thuringian Bar Association on the charging of administrative fees
Applications / forms
You can lodge an appeal against a possible rejection notice with the competent Bar Court within one month of service in writing or by means of an electronic document bearing a qualified electronic signature in accordance with the Digital Signature Act via the electronic court and administrative mailbox. Representation is mandatory, i.e. you must be represented by a lawyer.
The Bar Association itself is responsible for issuing a notice of objection as a self-governing authority.
For public law disputes, the Lawyers' Court established at the Higher Regional Court is responsible at first instance.
Appeal
- Written form required: yes
- Personal appearance on site for application: yes
- Online procedure possible: no
What else should I know?
The established European lawyer shall use the professional title which he is entitled to use in the home Member State in accordance with the law applicable there. Any person who is entitled to use the professional title "Rechtsanwalt" shall also indicate the professional organization to which he belongs in his home Member State. The established European lawyer is also entitled to use the designation "member of the Bar" in professional dealings. The designation "European lawyer" may not be used as a professional designation or in advertising.
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringia Bar Association
Professionally released on
21.01.2022
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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