Key Benefits:
The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Considering the Treaty of 25 March 1957 establishing the European Economic Community as the European Community;
Considering Council Directive 77/249 EEC of 22 March 1977 to facilitate the effective exercise of the free provision of services by lawyers;
In light of Council Directive 89/48 EEC of 21 December 1988 on a general system of recognition of higher education diplomas that sanction vocational training for a minimum of three years;
Having regard to Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate the permanent exercise of the legal profession in a Member State other than that where the qualification was acquired;
In light of amended Act No. 71-1130 of 31 December 1971 on the reform of certain legal and judicial professions, including articles 83 and 88;
Having regard to Act No. 2001-1117 of 28 November 2001 authorizing the ratification of the agreement between the European Community and its Member States, on the one hand, and the Swiss Confederation on the free movement of persons, together with Decree No. 2002-946 of 25 June 2002 which publishes it;
In view of the amended Decree No. 91-1197 of 27 November 1991 organizing the legal profession;
The State Council (inland section) heard,
Decrete:
The above-mentioned decree of 27 November 1991 is amended as stated in articles 2 to 10 of this decree.
After section 93 is inserted an article 93-1 as follows:
"Art. 93-1. - In addition, they are registered on a special list of the table and are then required to take the oath referred to in article 93 to nationals of the Member States of the European Community or the Swiss Confederation who have acquired their status as a lawyer in one of these Member States other than France or in the Swiss Confederation. »
The title II, subsection 3, is amended to read:
"Subsection 3
"Special provisions relating to the recognition of professional qualifications of persons who have acquired legal status in a Member State of the European Community other than France or in the Swiss Confederation"
After section 99 is inserted an article 99-1 as follows:
"Art. 99-1. - The provisions of Article 99 are applicable to nationals of the Swiss Confederation who have acquired their title in the Swiss Confederation or in a Member State of the European Community other than France. »
The title II, sub-section 4, is amended to read:
"Subsection 4
"Special conditions for the registration of persons who have acquired the status of a lawyer in a State or territorial unit not belonging to the European Community or to the Swiss Confederation"
In Article 100, the words "European Economic Community" are replaced by the words "European Community or the Swiss Confederation".
Section 101 is supplemented by a paragraph to read as follows:
"When a lawyer from a Member State of the European Community or Swiss Confederation who has acquired his title in one of these Member States other than France or in the Swiss Confederation wishes to obtain his registration in France on the special list of a bar, he shall attach to his application a certificate of registration, dated less than three months, issued by the competent authority of the country in which he has acquired the title under which he intends to exercise. »
After section 101 is inserted a 101-1 article as follows:
"Art. 101-1. - A lawyer registered under his or her original professional title who decides to practise in or on behalf of an exercise group governed by the law of the State in which his or her title was acquired under the conditions laid down in article 87 of the law of 31 December 1971 referred to above shall communicate to the board of the order, which made its registration, the statutes of that group and all documents relating to his or her organization and operation. »
Title V is amended to read:
« TITRE V
"The EXERCISE OF THE PROFESSION OF APPROACH BY THE RESOLUTIONS OF THE MEMBERS OF THE EUROPEAN COMMUNITY AND SWITZERLAND CONFERENCE
“Chapter I
“Common provisions
"Art. 200. - This title is applicable to lawyers who are nationals of one of the Member States of the European Community or Swiss Confederation who have acquired their qualification in one of these Member States other than France or in the Swiss Confederation, who come to perform their professional activities in France on a permanent or occasional basis.
"Art. 201. - For the purposes of this title, are recognized in France as lawyers nationals of the Member States of the European Community or the Swiss Confederation who carry out their professional activities in one of these Member States other than France or in the Swiss Confederation under one of the following professional titles:
"In Belgium: lawyer, advocate, rechtsanwalt;
" - in the Czech Republic: advokát;
" - in Denmark: advokat;
" - in Germany: rechtsanwalt;
"In Estonia: vandeadvokaat;
" - in Greece: dikigoros;
" - in Spain: abogado, advocat, avogado, abokatu;
" - in Ireland: barrister, solicitor;
" - in Italy: avvocato;
" - in Cyprus: dikigoros;
"In Latvia: zverinats advokãts;
" - in Lithuania: advokatas;
" - in Luxembourg: lawyer;
" - in Hungary: ügyved;
" - in Malta: avukat, prokuratur legali;
" - in the Netherlands: Advocate;
" - in Austria: rechtsanwalt;
" - in Poland: adwokat, radca prawny;
" - in Portugal: advogado;
"In Slovenia: odvetnik, odvetnica;
"In Slovakia: advokát, komercn právnik;
"In Finland: asianajaja, advokat;
" - in Sweden: advokat;
" - in the United Kingdom: advocate, barrister, solicitor;
" - in Switzerland: lawyer, advokat, anwalt, fürsprecher, fürsprech, avvocato, rechtsanwalt.
“Chapter II
“Free service delivery
"Art. 202. - The professional activity of lawyers who are nationals of the Member States of the European Community or the Swiss Confederation established on a permanent basis in one of these Member States other than France or in the Swiss Confederation is exercised under the following conditions. However, it cannot extend to areas within the exclusive competence of public or ministerial officers.
"These lawyers make use, in France, of one of the titles mentioned in Article 201, expressed in the language(s) of the State in which they are established, accompanied by the name of the professional body to which they belong or that of the jurisdiction to which they are entitled to exercise under the law of that State.
"The Attorney General near the Court of Appeal in the jurisdiction of which the provision of services is ensured, the staff member of the territorially competent lawyers' order, the president and members of the court or the judicial or disciplinary body or the qualified representative of the public authority to whom the lawyer presents may ask him to justify his quality.
"Art. 202-1. - When a lawyer mentioned in section 202 ensures the representation or defence of a client in court or before the public authorities, he or she performs his or her duties under the same conditions as a lawyer registered in a French bar.
"He respects the French professional rules, without prejudice to the non-confrontational obligations incumbent upon him in the State in which he is established.
"In particular, it must comply with the requirements of Article 158.
"In civil matters, when representation is compulsory before the High Court, it can only be established after having been elected to a lawyer established by the court in question and to which the proceedings are validly notified. He joins the introductive act or the defence constitution, as the case may be, a document, signed by that lawyer, attesting to the existence of a convention that authorizes the election of domicile for the proceeding. In front of the Court of Appeal, he must act in concert with a confessor near the Court of Appeal or a lawyer authorized to represent the parties before them.
"At any time, either of the lawyers signatories to the agreement referred to in the preceding paragraph may terminate it by notified denunciation to his or her colleague and to the lawyers representing the other parties, provided that another lawyer has been appointed by the lawyer service provider referred to in section 201. The most diligent party advises the court by giving it the name of the lawyer in which he temporarily elected domicile.
"Art. 202-2. - For the exercise in France of activities other than those provided for in Article 202-1, the lawyers mentioned in Article 202 remain subject to the conditions of exercise and professional rules applicable to their profession in the State in which they are established.
"They are also obliged to respect the rules that are necessary for the exercise of these activities to lawyers registered at a French bar, in particular those concerning the incompatibility between the exercise in France of legal activities and that of other activities, professional secrecy, confrateral relations, the prohibition of assistance by the same lawyer of parties with opposing interests and advertising. These rules are applicable only to them if they can be observed while they do not have an institution in France and to the extent that their observation is objectively justified to ensure, in France, the correct exercise of legal activities, the dignity of the profession and the respect for incompatibility.
"Art. 202-3. - In the event of a breach by the lawyers mentioned in article 202 of the provisions of this decree, they are subject to the provisions of articles 180 et seq. on the discipline of lawyers registered in a French bar. However, for the purposes of section 184, disciplinary penalties for the temporary prohibition and the deletion of the table or the list of the internship are replaced by the penalty of the provisional or final prohibition to carry out professional activities in France. The French Disciplinary Authority may request the competent authority of the State of origin to provide professional information concerning interested lawyers. She informs the latter of any decision taken. These communications do not affect the confidentiality of the information provided.
“Chapter III
"The permanent exercise of the profession of attorney
"Art. 203. - A lawyer from a Member State of the European Community or the Swiss Confederation who has acquired his qualification in one of these Member States other than France or in the Swiss Confederation, who carries out in France his professional activity on a permanent basis under his original professional title by applying the provisions of Title IV of the Act of 31 December 1971 referred to above, is subject to the provisions of this decree, subject to the provisions of this chapter.
"Art. 203-1. - In the event of a breach in France of professional rules by the lawyer mentioned in Article 203, the sticker shall address to the competent authority of the State in which the professional title was acquired the useful information on the disciplinary procedure envisaged.
"This information includes the facts referred to, the professional rules involved, the applicable disciplinary procedure and the sanctions involved. The provisions of section 88 of the Act of 31 December 1971 referred to above and those of this section are also brought to the attention of the competent authority.
"The disciplinary proceeding provided for in section 22 of the Act of 31 December 1971 referred to above shall be entered within a period not less than one month after the completion of this formality.
"After the referral of the disciplinary proceeding, the competent authority may present at any time its written submissions. »
The provisions of Article 201 may be amended by decree.
The security guard, Minister of Justice, is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, October 14, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
The Seal Guard, Minister of Justice,
Dominica Perben
