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Directive 98/5/EC of the European Parliament and of the CouncilShow full title
Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained
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- Revised 01/07/20130.64 MB
- Revised 01/01/20070.08 MB
- Revised 01/05/20040.06 MB
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Changes over time for: Article 1
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Article 1U.K.Object, scope and definitions
1.The purpose of this Directive is to facilitate practice of the profession of lawyer on a permanent basis in a self-employed or salaried capacity in a Member State other than that in which the professional qualification was obtained.
2.For the purposes of this Directive:
(a)‘lawyer’ means any person who is a national of a Member State and who is authorised to pursue his professional activities under one of the following professional titles:
| Belgium | Avocat/Advocaat/Rechtsanwalt |
| [F1Bulgaria | Aдвокат] |
| [F2Czech Republic | Advokát] |
| Denmark | Advokat |
| Germany | Rechtsanwalt |
| [F2Estonia | Vandeadvokaat] |
| Greece | Δικηγόρος |
| Spain | Abogado/Advocat/Avogado/Abokatu |
| France | Avocat |
| [F3Croatia | Odvjetnik/Odvjetnica] |
| Ireland | Barrister/Solicitor |
| Italy | Avvocato |
| [F2Cyprus | Δικηγόρος |
| Latvia | Zvērināts advokāts |
| Lithuania | Advokatas] |
| Luxembourg | Avocat |
| [F2Hungary | Ügyvéd |
| Malta | Avukat/Prokuratur Legali] |
| Netherlands | Advocaat |
| Austria | Rechtsanwalt |
| [F2Poland | Adwokat/Radca prawny] |
| Portugal | Advogado |
| [F1Romania | Avocat] |
| [F2Slovenia | Odvetnik/Odvetnica |
| Slovakia | Advokát/Komerčný právnik] |
| Finland | Asianajaja/Advokat |
| Sweden | Advokat |
| United Kingdom | Advocate/Barrister/Solicitor |
(b)‘home Member State’ means the Member State in which a lawyer acquired the right to use one of the professional titles referred to in (a) before practising the profession of lawyer in another Member State;
(c)‘host Member State’ means the Member State in which a lawyer practises pursuant to this Directive;
(d)‘home-country professional title’ means the professional title used in the Member State in which a lawyer acquired the right to use that title before practising the profession of lawyer in the host Member State;
(e)‘grouping’ means any entity, with or without legal personality, formed under the law of a Member State, within which lawyers pursue their professional activities jointly under a joint name;
(f)‘relevant professional title’ or ‘relevant profession’ means the professional title or profession governed by the competent authority with whom a lawyer has registered under Article 3, and ‘competent authority’ means that authority.
3.This Directive shall apply both to lawyers practising in a self-employed capacity and to lawyers practising in a salarial capacity in the home Member State and, subject to Article 8, in the host Member State.
4.Practice of the profession of lawyer within the meaning of this Directive shall not include the provision of services, which is covered by Directive 77/249/EEC.
Textual Amendments
F1 Inserted by Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania.
F2 Inserted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.
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