Directive 77/249/EEC enables lawyers who obtained their qualification in different Member State (home state, home country) to provide legal services with professional title of their Member State. This applies only to temporal or occasional provision of services. In Czech legislation to this advocate is referred as „guesting“.
Directive 98/5/EC enables lawyers who obtained their qualification in different Member State to provide legal services with professional title of their Member State permanently. In Czech legislation to this type of advocate is referred as „Established“ European layer. At the same time, if „Established“ European lawyer provided legal services regarding legislation of host country continuously, without significant interruptions, for three years, then is recognized as equal to lawyers in host Member State.
“Guesting” European lawyer
A “guesting” European lawyer who provides legal services in the Czech Republic on occasional not permanent basis is not subject to registration in the list of the Czech Bar Association. However, a “guesting” European lawyer who has been providing legal services without significant interruption for one month is required to inform the Chamber about his/her delivery address in the Czech Republic.
Established European lawyer
European lawyer is authorized to provide legal services in his/her home country. In order to provide legal services in the Czech Republic permanently, European lawyer shall be included in the list of European lawyers. The Chamber shall enter a European lawyer to the list of European lawyers within one month from receiving written request which must be accompanied by proof that the lawyer is a citizen of a Member State of the EU and EEA, as well as proof of provision of legal services in home state (not older than 3 months) and proof of liability insurance for damage caused by the provision of legal services. Entry in the list of European lawyers is subject to 5,000 CZK fee. After paying the fee, a certificate of registration to the list of European lawyers is issued.
When providing legal services, European lawyer shall use professional title of his/her home country.
In order to gain same position as host country layer the European layer should meet following conditions:
a) full legal capacity (demonstrated by applicant’s statement)
b) good character or repute
c) Any disciplinary measures has not been imposed to the applicant
d) absence of declared bankrupt
e) Applicant has not been and is not employed in any other profession incompatible with legal profession (except for teaching at the university)
f) provision legal services regarding legislation of host country continuously, without significant interruptions, for three years,
g) completion of required education and training in home country
h) completion of aptitude test (in Brno or Prague)
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