Applying for admission to the Bar for European Lawyer
Source: BUS Rheinland-PfalzIf you are admitted as a European lawyer, you may work in Germany under the professional title that you are allowed to use in your country of origin. Without admission as a European lawyer, this is not permitted in Germany.
Even if you are admitted, you may not and will not be entitled to use the title 'European lawyer'.
If you are admitted as a European lawyer, you must prove regularly, usually every three years, that you are still admitted to the bar in your country of origin. Otherwise, your recognition as a European lawyer in Germany will be withdrawn.
If there are other reasons why you are no longer allowed to practise as a lawyer, you are obliged to inform the competent bar association of these reasons.
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, the 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 is nothing to prevent a recording, the recording will be approved
- You will receive the certificate of admission by post.
The bar association responsible for your district is responsible for admission in accordance with the Act on the Activities of European Lawyers in Germany.
The bar association responsible for your district is responsible for admission in accordance with the Act on the Activities of European Lawyers in Germany.
- Admitted lawyer in the country of origin (in the European Union/European Economic Area or Switzerland) .
- Submit proof of professional indemnity insurance or the submission of a provisional confirmation of cover.
- Apply for admission
You must submit a completed and signed application form. Depending on the competent bar association, you may have to submit further documents such as a curriculum vitae, a questionnaire, a personnel sheet or data protection information with the application for admission.
- Proof of nationality
You must submit proof of your nationality (certified copy of a valid identity document).
- Proof of a certificate from the country of origin
You must submit a certificate from the competent authority in your country of origin which shows that the European lawyer belongs to this profession. The certificate must not be more than three months old at the time of its issue. As a rule, you must submit the certificate of the competent bar association every 3 years after your possible admission.
- Proof of criminal record
You must provide a certificate from the competent authority in your home country stating that there are no known serious professional misconduct, criminal offences 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 name change since birth, you must also submit documentary proof of your name (marriage certificate/excerpt from the family book).
- Proof of academic degree
If you have an academic degree, you must submit proof of this.
- Proof of professional indemnity insurance
You must submit proof of the conclusion of professional liability insurance in accordance with § 51 of the Federal Lawyers' Act (BRAO) or the submission of a provisional confirmation of cover. Insurance in your country of origin satisfies the legal requirements if it is equivalent to insurance in accordance with § 51 BRAO in terms of the conditions and scope of coverage. If you have foreign insurance cover, you must submit an annual certificate from the insurer after a possible admission, which results in insurance conditions and scope of coverage.
- Proof of fee payment
You must provide proof that you have paid the applicable fees. The fee is due upon filing of the request with the Board.
- Fees are charged in accordance with § 39 of the Act on the Activities of European Lawyers in Germany (EuRAG) and § 192 of the Federal Lawyers' Act (BRAO) in conjunction with the fee regulations of the competent authority. Please contact the competent authority.
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You can file an action against a possible rejection notice with the competent court of lawyers within one month of service in writing or by means of an electronic document bearing a qualified electronic signature in accordance with the Signature Act (SigG) via the electronic court and administrative mailbox (§§46a, paragraph 2, 112 a paragraph 1, 112 c paragraph 1 Federal Lawyers' Act - BRAO, in conjunction with § 74 paragraph 1 sentence 2 Code of Administrative Court Procedure - VwGO). There is a duty of representation, i.e. you must be represented by a lawyer (§ 112c paragraph 1 BRAO, § 67 paragraph 4 VwGO).
- Written form required: yes
- Personal appearance at the time of application on site: yes
- Online procedure possible: no
Once you have been admitted as a European lawyer, you must use the professional title that you are entitled to use in your country of origin under the law applicable there. If you are entitled to use the title "lawyer" or "lawyer" in your country of origin, you must also indicate the professional organisation to which you belong in your country of origin.
You may not use the title "European lawyer".
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