Aufnahme eines europäischen Rechtsanwalts in die Rechtsanwaltskammer Entscheidung

If you have previously practised as a lawyer in another country within the European Union (EU), in a contracting state to the Agreement on the European Economic Area (EEA) or in Switzerland, you can apply to become a European lawyer.

If you are admitted as a European lawyer, you may work in Germany under the professional title that you are also entitled 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 use the title "European lawyer" and you may not become one with it.

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 home country. Otherwise, your recognition as a European lawyer in Germany will be withdrawn again.

If other reasons arise why you are no longer allowed to practise as a lawyer, you are obliged to inform the competent Bar Association of these reasons.

• Application for admission

You must submit a completed and signed application for admission. Depending on the competent bar association, you may have to submit further documents with the application for admission, such as a curriculum vitae, a questionnaire, a personal data sheet or a data protection information.

• Proof of nationality

You must submit proof of citizenship (certified copy of a valid identity document).

• Proof of a certificate from your country of origin

You must submit a certificate from the competent authority in your home State attesting to the European lawyer's affiliation to the profession. The certificate must not be older than three months at the time of its submission. 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 offences or other circumstances which might call into question your suitability to practise as a 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 evidence of the name change (marriage certificate/extract from the family register).

• Proof of academic degree

If you hold an academic degree, you must submit proof of this.

• Proof of professional liability insurance

You must submit proof that you have taken out professional liability insurance in accordance with Section 51 of the Federal Lawyers' Act (BRAO) or submit a provisional confirmation of cover. An insurance policy in your country of origin meets the legal requirements if it is equivalent to an insurance policy pursuant to Section 51 BRAO with regard to the conditions and scope of coverage. If you have foreign insurance cover, you must submit a certificate from the insurer stating the terms of insurance and scope of cover every year after possible admission.

• Proof of payment of fees

You must submit proof that you have paid the applicable fees. The fee is due upon submission of the application to the Board.

• Lawyer admitted to the bar in the home country (in the European Union/European Economic Area or Switzerland) .
• Proof of professional liability insuranceor the submission of a provisional confirmation of cover.

• Fees are payable in accordance with Section 39 of the Act on the Activities of European Lawyers in Germany (EuRAG) and Section 192 of the Federal Lawyers' Act (BRAO) in conjunction with the fee regulations of the competent office. Please contact the competent office.

To apply for admission as a European lawyer, you must submit the required documents in writing.

• Your documents will be processed at 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 ask for the missing documents.
• If you do not submit the requested documents, your application for admission will be rejected.
• If your documents are complete and there is nothing to prevent you from being admitted, you will be admitted.
• You will receive the admission certificate by post.

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Once you have been admitted as a European lawyer, you must use the professional title which you are entitled to use in your home Member State under the law applicable there. If you are entitled to use the title "Rechtsanwalt" or "Rechtsanwältin" in your home Member State, you must also indicate the professional organisation to which you belong in your home Member State.

You may not use the title "European lawyer".

You may lodge an appeal against a possible rejection notice with the competent Lawyers' Disciplinary 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 (Signaturgesetz - SigG) via the electronic court and administrative mailbox (sections 46a(2), 112a(1), 112c(1) of the Federal Lawyers' Act (Bundesrechtsanwaltsordnung - BRAO), in conjunction with section 74(1) sentence 2 of the Administrative Court Rules (Verwaltungsgerichtsordnung - VwGO). Representation is compulsory, i.e. you must be represented by a lawyer (Section 112c (1) BRAO, Section 67 (4) VwGO).

• Application for admission to the Bar as a European lawyer
• Work under the professional title from the country of origin is only permitted after admission as a European lawyer.
• Even after admission, it is not permitted to work under the designation "European lawyer" or to advertise with it.
• As a rule, proof must be furnished every three years that admission as a lawyer in the country of origin still exists.
• Otherwise the admission is no longer valid.

• Written form required: yes
• Personal appearance on site for application: yes
• Online procedure possible: no