Key Benefits:
Regulation of the Secretary of State for Justice of 2 September 2008, No 5561403/08 laying down detailed rules on the recognition of professional qualifications for lawyers (Staff Regulations (EEC) Professional Qualifications)
The Secretary of State for Justice,
Having regard to the Articles 33 and Article 36 of the General Law on recognition of Community professional qualifications ;
Decision:
For the purposes of this Arrangement and the provisions based thereon, the following definitions shall apply:
a. Act: General recognition of EC professional qualifications ;
b. Applicant: the migrant professional who makes an application for the recognition of professional qualifications for lawyer;
c. general council: the general council of the Dutch order of lawyers, referred to in Article 18, first paragraph, of the AdvocateAct .
The duties and powers of the Minister for Security and Justice, referred to in the Articles 1 , 5 , 6 , 8 , 11 , 12 , 13 , 17 , 19 , 32 , 34, second paragraph , and 35 of the Act be carried out by the General Council as far as the legal profession is concerned.
1 The applicant shall submit the application for the recognition of professional qualifications for lawyer to the General Council.
2 In the application of his application, he shall submit the following documents:
a. a proof of the nationality of the applicant and, if the definition of a migrant professional as referred to in Article 1, below 2 °, of the Act is applicable, an EC residence permit issued by the Netherlands for long-term residents as referred to in Article 8 of Directive No 17 2003 /109/EC of the Council of the European Union of 25 November 2003 on the status of third-country nationals who are long-term residents (PbEU L 016), or an EC residence permit issued by a Member State other than the Netherlands a residence permit as referred to in Article 14 of the Aliens Act 2000 , or, if the definition of a migrant professional as referred to in Article 1, under 3 °, of the Act apply, a residence card of a relative of a Union citizen or a durable residence card or other means of proof which indicates that the applicant has obtained the right of residence or the permanent right of residence referred to in the Chapter III and Chapter IV of Directive No 2004 /38/EC of the European Parliament and of the Council of the European Union of 29 April 2004 on the right of freedom of movement and residence in the territory of the Member States to the citizens of the Union and their family members (PbEU L 158 and L 229);
b. A copy of the evidence of formal qualifications:
Certified by the competent authority in the State of origin or origin of which the applicant is entitled, in that State, to access and exercise of the profession of lawyer and from which the duration of the course of training whether or not
i. which has been issued by the competent authority in a third country, certified by that competent authority and proof, certified by the competent authority in the State of origin or the State in which that competent authority proves that the competent authority of the Member State concerned has been has recognised evidence of formal qualifications and that the applicant has acquired at least three years of professional experience in the legal profession in the territory of that State and from which the duration of the training is also apparent;
(c) a list of subjects which have taken part in the training courses which are based on the evidence of formal qualifications referred to in subparagraph (b) and in which the applicant has passed the examination and a set of materials to be used in the course of the training subjects and the corresponding study time;
(d) proof of the successful completion of vocational training and a list of subjects which have taken part in this vocational training, as well as a description of the subjects and study time in the subjects of such training;
e. where appropriate, a proof of his professional experience, in any event giving an insight into the duration of that professional experience and the parts and contents from which the professional activities have been carried out;
f. a statement of conduct as intended in the Law and punitive data law or a document corresponding to that declaration as intended Article 14, first paragraph, of the Act , or attestation of attestation under oath or solemn declaration as referred to in Article 3 (2), Article 14, second paragraph, of the Act ;
g. a document proving that the migrant lawyer has not been in a state of bankruptcy or has been subject to the debt restructuring scheme in respect of natural persons or a document corresponding to that declaration as intended in Article 14, first paragraph, of the Act , or attestation of attestation under oath or solemn declaration as referred to in Article 3 (2), Article 14, second paragraph, of the Act ;
(h) documents issued by the competent authority of the State of origin or provenance concerned certifying that the applicant has not been subject to a temporary or permanent disciplinary or criminal exercise ban.
3 In response to the documents submitted by the applicant, the applicant shall, on request, provide further information on his training to the general counsel, with a view to establishing substantial differences with the training required in the Netherlands.
4 The documents and other information submitted by the applicant shall also be produced by a Dutch translation prepared by a sworn interpreter or translator.
1 Taking into account Article 11 of the Act the general council shall inform the applicant of the requirement to carry out an aptitude test as a result of good results.
2 The General Council shall inform the applicant in writing about:
a. jurisdictions subject to the aptitude test;
b. the manner in which the aptitude test is taken;
(c) the period within which the aptitude test is to be carried out; and
d. the costs associated with the application of the aptitude test or an examination.
1 The General Board shall ensure that an aptitude test may be carried out.
2 To the extent applicable, the General Board shall designate one or more training institutes for which the aptitude test may be conducted.
3 The general council shall ensure that the applicant:
(a) once a year, the opportunity shall be given to take the aptitude test;
(b) obtain an understanding of the standards used in the assessment of the aptitude test;
c. is informed of the required study material;
(d) be informed of the person to whom the cost of the aptitude test or the examination is to be met; and
(e) shall be informed in writing within four weeks of the outcome of the aptitude test.
1 The applicant who is rejected for one or more parts of the aptitude test may re-take an examination for each of those parts. The examinations carried out with good results retain their validity for five years.
2 The aptitude test and the examination shall be made in the Dutch language.
The EC declaration of lawyers ' 1996 shall be withdrawn.
This arrangement shall enter into force from the second day following the day of the day of the Official Journal in which it is placed.
This arrangement is cited as: Regulation on recognition of Community professional qualifications.
This arrangement will be set out in the Official Journal.
TheState Secretary
of the European UnionN. Albayrak
