Aufnahme einer europäischen Rechtsanwältin, eines europäischen Rechtsanwalts in die Rechtsanwaltskammer Entscheidung

§ 3 Law on the Activities of European Lawyers in Germany
https://www.gesetze-im-internet.de/eurag/__3.html
§ 4 Law on the Activities of European Lawyers in Germany (EuRAG)
https://www.gesetze-im-internet.de/eurag/__4.htm
Federal Lawyers' Act (BRAO)
https://www.gesetze-im-internet.de/brao/BJNR005650959.html
Professional code of conduct for the legal profession in Germany
https://www.brak.de/w/files/02_fuer_anwaelte/berufsrecht/bora-stand-01.07.15.pdf en.

If you work as a lawyer in another country within the European Union (EU), in a state party to the Agreement on the European Economic Area (EEA) or in Switzerland, you can apply to be admitted as a European lawyer.

You must submit a completed and signed application for membership.

• Proof of citizenship

You have to submit proof of your nationality (certified copy of a valid identity document).

• Proof of a certificate from the country of origin

You have to submit a certificate from the competent authority in your home country showing that the European lawyer belongs to this profession. The certificate must not be older than three months at the time it is presented. You have to submit the certificate to the competent bar association, usually every 3 years after your possible admission.

• Proof of criminal record

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 would call into question your suitability for the profession of lawyer.

• Proof of birth certificate

You need to submit your birth certificate. If you have had a name change since birth, you must also submit documentary proof of your name (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 of taking out professional liability insurance in accordance with Section 51 of the Federal Lawyers' Act (BRAO) or the submission of a provisional cover letter. An insurance in your home country meets the legal requirements if it is equivalent to an insurance according to § 51 BRAO in terms of the conditions and the scope of coverage. If you have foreign insurance, you must submit a certificate from the insurer every year after a possible admission, stating the insurance conditions and the scope of coverage.

• Proof of fee payment

You will need to provide proof that you have paid the applicable fees. The fee is due when the application is submitted to the Chamber.

100 euros

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

• Your documents will be processed by the responsible bar association and checked for completeness.
• If you do not meet the requirements, the application for membership will be rejected.
• If your documents are incomplete, the Bar Association will request the missing documents.
• If you fail to submit the required documents, your application for membership will be rejected.
• If your documents are complete and there are no obstacles to your admission, admission will be approved.
• You will receive the approval certificate by post.

Please ask the Bar Association if necessary.

No

No

You can lodge a complaint against a possible refusal notice with the competent Higher Lawyers' Court within one month after delivery or by means of an electronic document with a qualified electronic signature according to the Signature Act (SigG) via the electronic court and administrative mailbox (according to §§ 46a, paragraph 2, 112 a paragraph 1, 112 c paragraph 1 Federal Lawyers Act - BRAO, in conjunction with § 74 paragraph 1 sentence 2 Administrative Court Code - VwGO). There is an obligation to represent you, i.e. you must be represented by a lawyer (according to § 112c paragraph 1 BRAO, § 67 paragraph 4 VwGO).

- Admission to the Bar Association as a European lawyer
- Use of the professional title from the country of origin is only permitted after admission as a European lawyer.
- Even after admission, it is not allowed to work under the designation “European lawyer” and also not to advertise with it.
- Evidence every three years that you are still admitted to the bar in the country of origin.
- Responsible: Bar Association