Object, scope and definitions
Article 1
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
Bulgaria | Aдвокат
Czech Republic | Advokát
Denmark | Advokat
Germany | Rechtsanwalt
Estonia | Vandeadvokaat
Greece | Δικηγόρος
Spain | Abogado/Advocat/Avogado/Abokatu
France | Avocat
Croatia | Odvjetnik/Odvjetnica
Ireland | Barrister/Solicitor
Italy | Avvocato
Cyprus | Δικηγόρος
Latvia | Zvērināts advokāts
Lithuania | Advokatas
Luxembourg | Avocat
Hungary | Ügyvéd
Malta | Avukat/Prokuratur Legali
Netherlands | Advocaat
Austria | Rechtsanwalt
Poland | Adwokat/Radca prawny
Portugal | Advogado
Romania | Avocat
Slovenia | 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.
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.
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.
Inserted by Council Directive 2013/25/EU of 13 May 2013 adapting certain directives in the field of right of establishment and freedom to provide services, by reason of the accession of the Republic of Croatia.