Law on the activity of European lawyers in Germany

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Basic data
Title: Law on the activity of European lawyers in Germany
Abbreviation: EuRAG
Type: Federal law
Scope: Germany
Legal matter: Administration of justice , professional law
References : 303-19
Issued on: March 9, 2000 ( BGBl. I p. 182 , ber. 1349 )
Entry into force on: March 14, 2000
Last change by: Art. 7 G of October 30, 2017
( Federal Law Gazette I p. 3618, 3621 )
Effective date of the
last change: 		November 9, 2017
(Art. 11 G of October 30, 2017)
GESTA : C153
Weblink: Text of the law
Please note the note on the applicable legal version.

The law on the activities of European lawyers in Germany , abbreviated EuRAG , was enacted as Article 1 of the law for the implementation of directives of the European Community in the field of professional law of lawyers of March 9, 2000 and came into force on March 14, 2000.

It served to implement the

  • Directive 98/5 / EC ("Lawyer Establishment Directive")
  • Directive 89/48 / EEC and the
  • Directive 77/249 / EEC (“Legal Services Directive”).

In addition to the Federal Lawyers' Act (BRAO), the EuRAG regulates the practice of the profession and admission to the legal profession in Germany for European lawyers. With the EuRAG, the Lawyer Services Act and the law on the aptitude test for admission to the legal profession have expired.

Job requirements

Resident European lawyer

Natural persons who are entitled to practice independently as lawyers in member states of the European Union , other contracting states of the Agreement on the European Economic Area and Switzerland can, upon request, be admitted to the bar association responsible for their place of business . You are then entitled to practice the work of a lawyer in Germany under the professional title of your country of origin (established European lawyer).

Admission requires at least three years of effective and regular activity as a resident European lawyer in Germany in the field of German law including Community law ( Section 11 EuRAG). The applicant must provide the Bar Association with evidence of the number and type of legal cases he has dealt with under German law and the duration of his activity by submitting a case list. Applicants who have been active in German law for a period shorter than three years must also provide evidence of their professional practice and other experience in German law in an interview ( § 13 , § 14 , § 15 EuRAG).

Determination of an equivalent professional qualification

Alternatively, an applicant who has already practiced the profession of European lawyer in their country of origin for at least three years can, for the purpose of admission to the legal profession in Germany without incorporation according to §§ 11 ff. EuRAG, the determination of an equivalent professional qualification according to Apply for §§ 16 ff. EuRAG. He then has to take a written and oral aptitude test in German at an examination office responsible for the second state examination in law, which relates to the applicant's professional knowledge and competencies and which is intended to assess his ability to practice as a lawyer in Germany.

European lawyer providing service

A European lawyer may, under certain conditions, exercise the activities of a lawyer in Germany temporarily and occasionally, even without admission by a bar association (European lawyer providing services, Section 25 EuRAG). In connection with the representation or defense of a client, he basically has the same rights and obligations as a German lawyer, but in proceedings with compulsory representation he may only act in agreement with a German lawyer (consensus lawyer) ( Section 28 EuRAG).

rating

A degree of cross-border freedom of movement has been achieved for legal work within the European Union that is not (yet) conceivable in other parts of the world, even within the framework of federal structures. In the United States, there is no freedom of movement for lawyers between many states, even for occasional services.

Lawyers from non-European countries

Members of a member state of the World Trade Organization are entitled to establish themselves under the professional title of their country of origin to obtain legal advice in the areas of the law of the country of origin and international law in Germany if they pursue a profession that is related to the training and powers of the profession of lawyer according to German law corresponds to ( § 206 BRAO). The implementation ordinance of the Federal Ministry of Justice lists the professional members of the states and areas concerned.

Web links

Individual evidence

  1. ↑ Federal Law Gazette I p. 182
  2. ↑ Directive of the European Parliament and of the Council of February 16, 1998 to facilitate the permanent practice of the legal profession in a Member State other than that in which the qualification was obtained , OJ. EC No. L 77 p. 36
  3. ↑ Directive 89/48 / EEC of the Council of the European Communities of December 21, 1988 on general rules for the recognition of higher education diplomas which complete at least three years of vocational training , ABl. EG 1989 No. L 19 p. 16
  4. ↑ repealed by Directive 2005/36 / EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications , ABl. No. L 255/22 of September 30, 2005, p. 22
  5. ↑ Directive 77/249 / EEC of the Council of March 22, 1977 to facilitate the effective exercise of the freedom to provide services by lawyers OJ. No. L 078 of March 26, 1977, p. 17
  6. ↑ Act to implement the Directive of the Council of the European Communities of March 22, 1977 to facilitate the actual exercise of the freedom to provide services by lawyers of August 16, 1980, Federal Law Gazette I p. 1453
  7. ↑ Art. 1 of the law for the implementation of the Council Directive of December 21, 1988 on a general regulation for the recognition of higher education diplomas that complete at least three years of professional training for the professions of lawyer and patent attorney of July 6, 1990, Federal Law Gazette I P. 1349
  8. ↑ Determination of an equivalent professional qualification and aptitude test for the admission of European lawyers to the legal profession according to §§ 16 ff. EuRAG website of the Ministry of Justice and for Europe Baden-Württemberg , accessed on March 20, 2019
  9. ↑ cf. For example, BFH, decision of 11 July 2013 - III R 31/12
  10. ^ Statement of the Federal Bar Association on the evaluation of the Establishment Directive (77/249 / EEC) and the Services Directive (98/5 / EC) for lawyers August 2011, p. 3
  11. ↑ Ordinance on the implementation of Section 206 of the Federal Lawyers' Act of July 18, 2002, Federal Law Gazette I p. 2886