22 NOVEMBER 2001. - Act to facilitate the exercise of the legal profession and the establishment in Belgium of national lawyers from another EU Member State (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Article 428, paragraph 1^er, of the Judicial Code, is replaced by the following paragraph:
"No one shall be entitled to be a lawyer or to practise his profession if he is not a Belgian or a national of a member state of the European Union, holder of a doctor's degree or law degree, if he has not taken the oath referred to in Article 429 and if he is not registered in the College's table or on the list of interns. »
Art. 3. In section 429, paragraph 1^erin the same Code, the words "of the lawyer's oath" are inserted between the words "reception" and "a".
Art. 4. Section 430 of the same Code, replaced by the Act of 4 May 1984 and amended by the Act of 4 July 2001, is replaced by the following provision:
"Art. 430. 1. It is established, in the head of each judicial district, no later than 1^er December of each year, a table by the Order of Lawyers, a list of lawyers who practise their profession under the professional title of another Member State of the European Union and a list of trainees with their offices in the borough.
The table and lists are displayed or published by the sticker's care, which ensures that they are updated.
2. However, in the Brussels judicial district, there are two Orders: the French Bar Association of Brussels and the Dutch Bar Association of Brussels.
The French Bar Association of Brussels is composed of lawyers with their offices in the administrative district of Brussels-Capital and who have obtained their registration in the table, the list of lawyers who practise their profession under the professional title of another Member State of the European Union or the list of trainees.
The Dutch Bar Association of Brussels is composed of lawyers with their offices in the administrative district of Brussels-Capital and in the administrative district of Hal-Vilvorde and who obtained their registration in the table, the list of lawyers who practise their profession under the professional title of another member state of the European Union or the list of trainees.
The French Bar Association of Brussels draws up a list of lawyers who practise their profession under the professional title of another Member State of the European Union and the list of trainees, who have installed their office in the administrative district of Brussels-Capital.
The Dutch Bar Association of Brussels draws up a list of lawyers who practise their profession under the professional title of another Member State of the European Union and the list of trainees, who have installed their offices in the administrative districts of Brussels-Capital and Hal-Vilvorde.
3. In the judicial district of Brussels, the notices referred to in articles 66, 88, § 1^er, and 195 are given by the sticker of each of the two orders of the lawyers. »
Art. 5. In section 431 of the same Code, replaced by the Act of 7 February 1985 and amended by the Act of 4 July 2001, the words ", to the list of lawyers who practise their profession under the professional title of another member state of the European Union" are inserted between the words "table" and "or".
Art. 6. Article 432, paragraph 1^er, of the same Code, is replaced by the following paragraph:
"Registrations to the table, to the list of lawyers who practise their profession under the professional title of another Member State of the European Union and to the internship are decided by the College Council, master of the table, the list mentioned above and the list of trainees. »
Art. 7. Section 434 of the same Code is replaced by the following provision:
"Art. 434. In order to be included in the Order's table, it is necessary, subject to the application of Article 428bis, paragraph 2, to have completed three years of probation or, for those on the list of lawyers who practise their profession under the professional title of another Member State of the European Union, to meet the conditions set out in Article 477nonies. »
Art. 8. In article 437, paragraph 2, of the same Code, the words ", of the list of lawyers who practise their profession under the professional title of another member state of the European Union" are inserted between the words "table" and "or".
Art. 9. In article 439 of the same Code, the words ", to the list of lawyers who practise their profession under the professional title of another member state of the European Union" are inserted between the words "Order" and "or".
Art. 10. In article 443, paragraph 1^erin the same Code, the words "to lawyers who practise their profession under the professional title of another member state of the European Union" are inserted between the words "table," and "to".
Art. 11. In section 449 of the same Code, the words "of sixteen members if the number of lawyers registered in the table and the list of interns is five hundred or above; are replaced by the words "sixteen members if the number of lawyers registered in the table, the list of lawyers who practise their profession under the professional title of another member state of the European Union and the list of interns is five hundred or above; "
Art. 12. In section 450 of the same Code, the following amendments are made:
(a) in paragraph 1^er, the words ", to the list of lawyers who practise their profession under the professional title of another member state of the European Union" are inserted between the words "table" and "or";
(b) Paragraph 2 is supplemented as follows:
"or the list of lawyers who practise their profession under the professional title of another member state of the European Union. "
Art. 13. In article 460, paragraph 1^erin the same Code, the words ", from the list of lawyers who practise their profession under the professional title of another member state of the European Union" are inserted between the words "table" and "or".
Art. 14. In article 461 of the same Code, the words ", from the list of lawyers who practise their profession under the professional title of another member state of the European Union" are inserted between the words "Order" and "or".
Art. 15. Article 462 of the same Code is supplemented as follows: "from the list of lawyers who practise their profession under the professional title of another Member State of the European Union or the list of trainees. "
Art. 16. In article 468 of the same Code, the words "remote and" are inserted between the words "accompanying," and "are".
Art. 17. In section 471, paragraph 1^er, in the same Code, the words "on a list of lawyers who practise their profession under the professional title of another member state of the European Union or" are inserted between the words "are" and "on".
Art. 18. Title I^erbis of Book III of the same Code, including articles 477bis to 477sexies, is replaced by the following:
« TITRE I^erbis. - The practice in Belgium of the legal profession by lawyers nationals of a Member State of the European Union
CHAPTER I^er- Free service delivery
Art. 477bis. § 1^er. Any person, a national of a Member State of the European Union and entitled to carry the title corresponding to that of a lawyer, in accordance with Council Directive 77/249/EEC of 22 March 1977, to facilitate the effective exercise of the free service by lawyers, may use that title in Belgium.
The person referred to in paragraph 1^er, is that which, in the Member State of origin, is empowered by the competent authority of that Member State to practise the profession under the title corresponding to the lawyer, after receiving the training or performing all the equivalent effect formalities, such as these may be imposed by the law of that Member State.
§ 2. The person referred to in § 1^er, shall, in the course of a service delivery in Belgium, make use of its title expressed in the language(s) of the member state in which it is established, with the indication of the professional organization of which it belongs or of the jurisdiction to which it is admitted under the law of that State.
He may be asked, during this performance, to establish his lawyer status.
Art. 477ter. § 1^er. Any person referred to in Article 477bis may perform in Belgium the same professional activities as members of the Belgian bars.
However, for acts of representation and defence in court, it is held:
1° act in concert with a lawyer in the table;
2° to be brought before the hearing by this lawyer:
(a) to the bar in which the jurisdiction has jurisdiction;
(b) to the President of the jurisdiction to which she is present.
§ 2. Without prejudice to their obligations in the Member State of origin, the professional activities of the persons referred to in Article 477bis are carried out according to the rules, irrespective of the source, which govern the profession in Belgium, with the exclusion of any condition of residence or registration.
For activities outside representation and defence in court, such persons are, without prejudice to the conditions and professional rules of the member state of origin, subject to the rules referred to in paragraph 1^eras much as:
1° these may be observed by an unestablished lawyer in Belgium;
2° their observation is objectively justified to ensure the proper exercise of legal activities, the dignity of the profession and respect for incompatibility.
§ 3. The exercise of the legal profession by persons referred to in section 477bis is incompatible with paid, public or private jobs and activities, unless they endanger the independence of the lawyer or the dignity of the bar.
Art. 477quater. § 1^er. Articles 437, paragraph 1^er445 and 761 as well as the provisions of chapter IV, except articles 458 and 471, and chapter V of title I^er Book III shall apply to persons referred to in Article 477bis, without prejudice to the professional and ethical rules to which they are submitted in the Member State of origin.
The persons referred to in section 477bis who, on the occasion of their activity in a judicial district, contravene discipline, may agree to defend themselves from attending the parties and pleading before the courts that have their seat there. This defence, whose duration cannot exceed three years, is pronounced, the person previously called. The decision is subject to opposition and appeal.
The delisting penalty is, for these persons, replaced by the prohibition to exercise legal activity in Belgium. However, on the expiry of a period of ten years from the date on which the prohibition decision has passed into force of a judgment, the lifting of the ban may be requested.
§ 2. The council of the competent Order is that of the bar in which the acts of a disciplinary nature were committed.
The board may apply directly to the authority of the State in which the person liable to take disciplinary action is established, any professional information concerning that person. He informs this authority of any decision taken. This information is confidential.
CHAPTER II. - Free establishment
Art. 477quinquies. § 1^er. Any person, a national of a Member State of the European Union and entitled to carry the title corresponding to that of a lawyer, in accordance with Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate the permanent exercise of the profession of a lawyer in a Member State other than that in which the qualification was acquired, may practise this profession in Belgium on a permanent basis and under its original professional title.
The person referred to in paragraph 1^er, is that which, in the Member State of origin, is empowered by the competent authority of that Member State to practise the profession under the title corresponding to the lawyer, after having received the training or completed all the equivalent effect formalities, such as these may be imposed by the legislation of that Member State.
§ 2. The person referred to in § 1^er, is held:
1° to register in accordance with section 432 and to provide the board of the College with the certificate of registration to the competent authority of the Member State of origin;
2° to maintain its registration with the competent authority of that State;
3° to practise the profession under its original professional title.
Attestation referred to in paragraph 1^er, 1°, may not have been established more than three months before its production. It contains the mention of disciplinary proceedings in the Member State of origin.
The College Council shall inform the competent authority of the original Member State of the registration.
§ 3. In all documents and parts, including electronic materials, used as part of its professional activity, the interested party mentions:
(a) the bar to which it is registered;
(b) its original professional title;
(c) the professional organization of which it reports in the Member State of origin or the jurisdiction to which it is admitted under the legislation of the Member State of origin.
The original professional title and references referred to in paragraph 1^er, are indicated in the official language(s) of the original member state and at least in the language(s) of the judicial district in which the bar from which it is registered is established.
Art. 477sexies. § 1^er. Any person referred to in Article 477quinquies may perform in Belgium the same professional activities as members of the Belgian bars.
However, for acts of representation and defence in court, the court is obliged to act together with a lawyer in the table. The court shall bring it before the hearing to the president of the court before which it presents itself.
§ 2. The professional activities of the persons referred to in Article 477quinquies are carried out according to the rules, regardless of source, which govern the profession in Belgium, without prejudice to the professional and ethical rules to which they are subjected in the Member State of origin.
§ 3. The College Council may impose on persons referred to in Article 477quinquies that their professional liability in Belgium is covered by insurance, subject to the conditions that it sets.
It shall be taken into account, if any, the existence of an insurance or warranty under the rules of the Member State of origin, to the extent that it provides a coverage equivalent to that referred to in paragraph 1^er.
Where the equivalence of the coverage is only partial, the College Council may require the subscription of an insurance or, if the person so requests, a supplementary guarantee to cover the elements that are not already covered by the insurance or the guarantee entered into the Member State of origin.
§ 4. The exercise of the legal profession by persons referred to in section 477quinquies is incompatible with paid, public or private jobs and activities, unless they endanger the independence of the lawyer or the dignity of the bar.
Art. 477s. The provisions of chapters IV and V of Part I^er Book III shall apply to persons referred to in Article 477quinquies, without prejudice to the professional and ethical rules to which they are subject in the Member State of origin.
Prior to the commencement of a disciplinary procedure against these persons, the College staff member to whom they are registered, shall promptly inform the competent authority of the Member State of origin, and shall give it in writing any useful information, including on the disciplinary record in question, the applicable procedural rules and the deadlines for appeal, and shall make the necessary arrangements so that the authority may be in a position to make representations before the authorities. He shall, in writing, communicate to him any decision taken.
The temporary or final prohibition of practising the profession of a lawyer in the Member State of origin entails, in full right, the temporary or final prohibition of exercising it in Belgium.
Art. 477octies. § 1^er. One or more persons on the list of lawyers who practise their profession under the professional title of another Member State of the European Union and members of the same group in the Member State of origin, may practise their work in Belgium as part of a branch or a secondary office. However, if the fundamental rules governing this group in the Member State of origin are incompatible with the fundamental rules arising from Belgian legislative or regulatory provisions, these latter provisions apply to the extent that their respect is justified by the general interest of protecting the client and third parties.
§ 2. Two or more persons from the same group or member state of origin and registered in the list of lawyers who practise their profession under the professional title of another member state of the European Union may practise their profession in a group, subject to conditions fixed for lawyers registered in the table of a Belgian Order.
§ 3. §§ 1^er and 2 are also applicable to the joint exercise of the profession in Belgium:
(a) between several persons exercising their original professional status and from different member states;
(b) between one or more persons referred to in (a) and one or more lawyers listed in the table of a Belgian Order.
§ 4. The person wishing to exercise under his or her original professional title shall inform the bar to which he or she requests his registration, in accordance with section 477quinquies, of the fact that he or she is a member of a group in a member state of origin and shall give all relevant information relating to that group.
§ 5. By derogation from §§ 1^er 4, the Council of the Order with which a person is registered or solicits his registration in the list of lawyers who practise their profession under the professional title of another member state of the European Union, may refuse to practise the profession in Belgium as a member of a group with persons outside the profession.
The group referred to in paragraph 1^erincludes persons outside the profession if at least one of the following conditions is met:
1° the capital of the latter is held in whole or in part by persons who do not have the capacity of a lawyer within the meaning of the provisions of this Code;
2° the name under which it exercises is used by persons referred to in 1°;
3° the decision-making power is exercised, in fact or in law, by persons referred to in 1°.
The Council of the Order of each borough may also object to the opening of a branch or a secondary law firm wishing to register to the list of lawyers who practise their profession under the professional title of another Member State of the European Union if it appears that this group of lawyers has persons outside the profession, within the meaning of the preceding paragraph.
§ 6. Individuals on the list of lawyers who practise their profession under the professional title of another member state of the European Union who are members of a group may, in all documents and documents, including electronically, used as part of their professional activity, mention the name of the group of which they are members in the original member state. In this case, they indicate the legal form of the group in the Member State of origin and, where applicable, the names of members of the group exercising the profession of lawyer in Belgium.
Art. 477nonies. § 1^er. In addition to the persons referred to in sections 428bis and following, may apply the title of a lawyer, practise the profession and in this purpose request their registration in the table, in accordance with section 432, and take the oath referred to in section 429, the persons referred to in section 477quinquies who justify an effective and regular activity of a minimum of three years in Belgium and in the field of Belgian law, including Community law, To this end, they shall submit all relevant information and documents, including the number and nature of the files processed.
The College Council shall verify the effective and regular nature of the activity of the candidates referred to in paragraph 1^er and, where necessary, invites them to provide clarification orally or in writing.
Actual and regular activity is the actual exercise of the activity, without interruption other than those resulting from the events of the current life.
§ 2. In addition to the persons referred to in Articles 428bis and the following, may also bear the title of a lawyer, practise the profession and in this purpose request their registration in the table, in accordance with Article 432, and take the oath referred to in Article 429, the persons referred to in Article 477quinquies who justify an effective and regular activity of a minimum of three years in Belgium but of a lesser duration in the field of Belgian law,
They present to the College's Council all relevant information and documents, including relevant records.
The College Council shall consider the effective and regular activity during the period referred to in paragraph 1^er and any knowledge and professional experience in Belgian law and participation in courses or seminars on Belgian law, including professional law and ethics.
The effective and regular activity developed in Belgium and the ability to continue the activity carried out is appreciated during an interview with the Order's sticker. This one reports to the board.
Actual and regular activity is the actual exercise of the activity, without interruption other than those resulting from the events of the current life.
§ 3. The College Council is the authority authorized to receive applications from the candidates referred to in §§ 1^er and 2.
Requests and documents referred to in §§ 1^er and 2 are written in the language or language of the judicial district in which the College is established to which the candidates apply, or accompanied by a certified translation in that language.
§ 4. Registration in the table can only be denied if proof of the required conditions is not reported or if it appears that the public order would be met due, in particular, to disciplinary proceedings, complaints or incidents.
§ 5. Persons referred to in §§ 1^er and 2, which have obtained their registration may, in addition to the title of a lawyer, make use of their original professional title if they maintain their registration with the competent authority of that State. This title is indicated in one of the official languages of the original Member State. "
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 November 2001.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2000-2001.
House of Representatives.
Parliamentary documents. - Bill of 26 February 2001, No. 1120/1. - Amendments, n^bones 1120/2-3. - Report of June 29, 2001 by Mr. Vandeurzen and Mrs. Barzin, No. 1120/4. - Text adopted by the Justice Commission, No. 1120/5. - Text adopted in plenary and transmitted to the Senate, No. 1120/6.
Annales parliamentarians. - Discussion and adoption. Session of 5 July 2001.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 2-836/1.
Session 2001-2002.
Senate.
Parliamentary documents. - Amendment, No. 2-836/2. - Report of 10 October 2001 by Ms. Nyssens, No. 2-836/3. - Text adopted in plenary and subject to Royal Assent, No. 2-836/4.
Annales parliamentarians. - Discussion and adoption. Session of November 8, 2001.