Aufnahme als europäischer Rechtsanwalt in die Rechtsanwaltskammer beantragen
Inhalt
Begriffe im Kontext
Fachlich freigegeben am
Fachlich freigegeben durch
Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland (EuRAG):
- § 3 Antrag
- § 4 Verfahren
- § 5 Berufsbezeichnung
- § 11 Zulassung zur Rechtsanwaltschaft nach dreijähriger Tätigkeit
Bundesrechtsanwaltsordnung (BRAO):
- § 51 Berufshaftpflichtversicherung
Would you like to work in Germany as an established lawyer and have previously worked as a lawyer in one of the following countries?
- in a state of the European Union (EU),
- in another signatory state to the Agreement on the European Economic Area (EEA) or
- in Switzerland
In Germany, you may only work under the professional title of your country of origin in accordance with the law applicable there if the competent German Bar Association admits you.
The term "European lawyer" may not be used as a professional title or in advertising. Admission to the Bar requires that you are registered as a European lawyer with the competent authority in your home country. Admission to the Bar will be revoked if your authorisation to work as a lawyer is permanently withdrawn in your country of origin or if you lose your status as a European lawyer for other reasons.
- Curriculum vitae with photo
- officially certified proof of citizenship of an EU/EEA country or Switzerland (officially certified copy of identity card/passport)
- Certificate from the competent authority in your country of origin confirming your professional affiliation (not older than three months)
- Certificate stating that you have not committed any serious professional misconduct, criminal offences or other circumstances that call into question your suitability for the profession of lawyer.
- Certificate of good conduct from your home country
- Proof of professional indemnity insurance (either through an insurance policy taken out in your home country or an equivalent insurance policy in your country of origin)
- The competent authority may request further documents, for example
- Proof of academic degrees (transcript)
- Documents relating to the law firm's activities
- Confirmation of legal practice
- Compatibility of practising the profession with a secondary profession
Please note: You must submit all documents in the original or as a certified copy. Foreign-language documents must be submitted as a certified German translation. The translation must have been carried out by a sworn translator.
Prerequisites for admission are
- Citizenship of an EU/EEA member state or Switzerland
- Professional authorisation in your country of origin
This means that you must be registered as a European lawyer with the competent authority in your country of origin. - Professional liability insurance
- in the district of the Stuttgart Bar Association: EUR 150.00
- in the district of the Tübingen Bar Association: EUR 205.00
- in the district of the Karlsruhe Bar Association: EUR 300.00
- in the district of the Freiburg Bar Association: EUR 210.00
In accordance with Section 2 EuRAG, you must apply for admission in writing to the competent office. The application must be signed by hand or have a qualified electronic signature.
Note: You must submit the application and the required documents in German. In accordance with Section 3 (2) EuRAG, the application must be accompanied by a certificate from the competent authority in the country of origin confirming that the European lawyer belongs to this profession.
If the requirements for admission are met, the Bar Association will swear you in as a member. Admission is open-ended.
Admission to the German Bar
You can be admitted to the German Bar if you have worked as an established European lawyerfor at least three years effectively and regularly in the field of German law, including Community law.
The exact requirements can be found in Section 11 of the Act on the Activities of European Lawyers in Germany (EuRAG).
An appeal against a negative decision may be lodged with the Bar Association as the issuing authority within one month of notification in writing or for the record, Section 4 EuRAG in conjunction with Section 32 BRAO in conjunction with Section 32 BRAO. § Section 32 BRAO in conjunction with. § Sections 112a, 112c BRAO. Pursuant to Section 3a (2) of the Administrative Procedure Act, the written form can be replaced by electronic form. An electronic document that is provided with a qualified electronic signature in accordance with the Signature Act fulfils the electronic form requirement.