The removal of obstacles to the free movement of persons and services between Member States is one of the objectives of the European Community, as enshrined in Article 3.1.c) of the Treaty. Such abolition means, for nationals of Member States, the right to pursue a profession as an employed or selfemployed person in a Member State other than that in which they have acquired their professional qualifications.

By Royal Decree 1837/2008 of 8 November, Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of qualifications is incorporated into the Spanish legal order professional and Council Directive 2006 /100/EC of 20 November 2006 adapting certain directives in the field of free movement of persons, on the occasion of the accession of Bulgaria and Romania, as well as to certain aspects of the exercise of the profession of lawyer by establishing the rules to permit the access and exercise to nationals of Member States of the European Union and of the European Economic Area.

Article 22 of Royal Decree 1837/2008 of 8 November provides that the Spanish competent authority may require the professional exercise in Spain to be carried out after an aptitude test has been carried out, comprise one or more regulated professional activities which do not exist in the relevant profession in the Member State of origin and such a difference is characterised by a specific training required in Spain and related to matters substantially different from those covered by the certificate of competence or the evidence of formal qualifications; Claim the requesting party. The same article specifically requires that where the profession of lawyer and prosecutor is sought, the applicant shall in any event have to overcome the prior aptitude test.

It should be recalled that Royal Decree 1837/2008, of 8 November, maintains in force the real decrees of incorporation of directives not affected by the 2005 /36/EC. It is the case of Directive 77 /249/EEC, aimed at facilitating the effective exercise of the freedom to provide services by lawyers, and of Directive 98 /5/EC, aimed at facilitating the permanent exercise of the profession of lawyer in a State Member of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the European Communities. to facilitate the effective exercise of the freedom to provide services of the Lawyers and 936/2001, of 3 of August, by which the permanent exercise in Spain of the profession of lawyer with professional qualifications obtained in another Member State of the European Union is regulated. These Directives concern the freedom to provide services and the exercise of the profession, and not to the recognition of professional qualifications for the establishment under the professional title of the host Member State, which is covered by Directive 2005 /36/EC and by the said Royal Decree 1837/2008 of 8 November.

In this way, for the recognition of the professional qualifications of the lawyers and prosecutors of a Member State of the European Union or of a State party to the Agreement on the European Economic Area, and for the full exercise of the profession in Spain, with the same rights and obligations as the Spanish nationals, it is necessary the prior improvement of an aptitude test that is regulated in the article 23 of the same Royal Decree, which requires the authority The development of the general criteria, which up to the present moment had been In the case of the Court of Law, the Court of the Court of the Court of the European Communities, the Court of Law of the European Communities, held that the Court held that the Court held that the Court of However, the development of such an order cannot be considered adequate in its entirety to the new legislation, which motivates the approval of this order.

In its virtue, on the proposal of the Ministers of Justice and of Education, Culture and Sport, with the prior approval of the Minister of Finance and Public Administrations, heard the General Council of the Spanish Lawyer and the Council Attorney General of Spain, I have:

CHAPTER I

General provisions

Article 1. Object.

The purpose of this order is to develop the aptitude test, which is referred to in Articles 22.3 and 23 of Royal Decree 1837/2008 of 8 November, which incorporates the Spanish legal order. Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications and Directive 2006 /100/EC of the Council of 20 November 2006 adapting certain directives in the field of the free movement of persons, on the occasion of the accession of Bulgaria and Romania, as well as certain aspects of the exercise of the profession of lawyer.

Article 2. Scope.

The procedure laid down in this order shall apply, from the date of its entry into force, to all nationals of the European Union and the European Economic Area, who are in possession of a legal title or (a) Procurator obtained in any of their States, they intend to exercise in Spain these professions through professional recognition and the prior improvement of the aptitude test established by RD 1837/2008 of 8 November.

Article 3. Definition.

For the purposes of this order, "lawyer" means any national of a Member State of the European Union or of a State party to the Agreement on the European Economic Area entitled to exercise its professional activities under one of the designations set out in both Article 2 of Royal Decree 607/1986 of 21 March 1986 and in Article 2 (a) of Royal Decree 936/2001 of 3 August, in its wording given in the provisions of the the first and second final of Royal Decree 1837/2008 of 8 November and which are contained in Annex I of the present order.

For the purposes of this order, the national professional of a Member State of the European Union or of a State party to the Agreement on the European Economic Area who is in possession of one of the securities shall be deemed to be 'procurator'. indicated in Annex I to this order. For those States not listed in that Annex, an evidence of the exercise of a regulated liberal profession equivalent to that of cooperation with the Administration of Justice with powers in the field shall be provided. of procedural representation, acts of communication and judicial assistance and acts of enforcement of judgments, requiring either to be a graduate or a graduate in law or to be in possession of another equivalent higher university degree of education and which complies with the powers referred to in Article 3 of the Royal Decree 775/2011, of 3 June, approving the Regulation of Law 34/2006 of 30 October on the access to the professions of Advocate and Procurator of the Courts.

Article 4. Applicable rules.

They shall apply to the aptitude test for the exercise of the profession of lawyer or procurator of Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 and Directive 2006 /100/EC of the Council of 20 November 2006, concerning the recognition of professional qualifications, as well as certain aspects of the practice of the profession of lawyer, as well as the Royal Decree 1837/2008 of 8 November, which is incorporated into the Spanish legal order.

CHAPTER II

Applicable to the aptitude test procedure

Article 5. Requirements.

Those who wish to participate in the aptitude test that will be convened annually by resolution of the Directorate General of Relations with the Administration of Justice, must possess on the day of the completion of the deadline of submission of requests, the following requirements:

1. To have the nationality of one of the Member States of the European Union or other States party to the Agreement on European Economic Area, a requirement to be maintained until the end of the test.

2. To be in possession of an official title of lawyer or prosecutor obtained in a Member State of the European Union or the European Economic Area.

Article 6. Submission of requests.

The interested parties must submit their request, according to the official model to be published in the corresponding call, addressed to the Directorate General of Relations with the Administration of Justice.

Applications may be completed on paper or telematic support when the call is collected.

Applications on paper support, as well as additional documentation to be submitted in applications completed via telematics, must be submitted to the entry register of the Ministry of Justice or any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, together with their passport or any other supporting document his nationality.

The deadline for submission shall be 20 calendar days from the day following the date of publication of the annual call in the "Official State Gazette".

The call will specify, in accordance with the State General Budget Law, the examination rights and the mechanism for payment.

Applications that are signed abroad may be submitted through the corresponding Spanish diplomatic or consular representations; and the same will be accompanied by the bank proof of having entered the examination rights.

The responsible declaration of Annex II of this order shall also be accompanied.

Article 7. Provisional list of admission and admission of applicants.

The deadline for submission of applications will be completed, the Directorate-General for Relations with the Administration of Justice will publish the provisional list of applicants admitted to the aptitude test, starting the calculation of the deadline. of healing.

Later, once the submitted documentation has been studied, the publication of the definitive list of admitted and excluded will be made, indicating the place in which it is exposed to the public, as well as the date, time and place of celebration of the aptitude test.

Article 8. Evaluation Committees.

The evaluation committee for the trial of lawyers, in whose composition will be based on gender parity, will be made up of six members, two of whom will be public servants of the group A1 graduates or graduates. in law, appointed by the Directorate-General for Relations with the Administration of Justice of the Ministry of Justice, a public official of the group A1 licensed or graduated in law, appointed by the Technical General Secretariat of the Ministry of Justice Education, Culture and Sport and three lawyers appointed by the General Council of the Advocate General Spanish, with more than 5 years of professional exercise.

The evaluation committee for the trial of procurators, in whose composition will tend to parity between men and women, will consist of six members, two of them will be public officials of the group A1 graduates in law, appointed by the Directorate-General for Relations with the Administration of Justice of the Ministry of Justice, a public official of the group A1 graduate or graduate in law, appointed by the General Secretariat of the Ministry of Education, Culture and Sport and three procurators appointed by the General Council of Prosecutors of the Courts of Spain, with more than 5 years of professional practice.

For each of these evaluation commissions, an alternate member shall also be appointed by each holder, who shall act in the absence thereof, and his appointment shall be identical to that of the titular commission.

The commissions shall be chaired, in each case, by one of the representatives appointed by the Ministry of Justice determined by the Ministry of Justice and the secretariats shall be occupied by one of the members appointed by the General Councils. of each of the professions, chosen by the committee itself.

The Evaluation Committee will provide for its operation to the scheme provided for in Chapter II of Title II of Title II of Law 30/1992, of 26 November, of the Legal Regime of the Administrations. Public and the Common Administrative Procedure.

Article 9. Development of the aptitude test.

The aptitude test, to be carried out in Spanish, will consist of the resolution of a practical case at the choice of the participant among those proposed by the Commission, which will deal with the subjects listed in Annexes III and IV and because they are themselves of the Spanish legal order, they are not covered by the degree of training that the applicant can possess, and whose knowledge is an essential condition to be able to practice the profession in Spain.

For the resolution of the case, only the use of all legal texts and legal manuals will be permitted.

In a later session, the examination will be read before the evaluation committee, which will be able to open a question time on the subject of the test, as well as on the Spanish Judicial Organization and the Deontology Professional.

The respective evaluation commissions will resolve how many issues are raised in relation to the application of the call, the candidate being obliged to observe the rules that are in the call and those that can be established for each of the evaluation committees.

The evaluation commissions will qualify the fitness of the applicants for the professional exercise in Spain in terms of "fit" and "unfit". The qualification of "unfit" shall not prevent the submission of the following calls.

The evaluation committees shall record the progress of the tests carried out, in which the nominal ratio of each of the applicants assessed, together with the rating obtained, shall be recorded, with the Your qualification. The list of applicants who have obtained the qualification of 'fit' shall be made public in the places to be determined by the call, notifying the persons concerned of their qualification within the maximum period of one month, with the effects specified in the Article 11.

Article 10. Impeachment of the commission.

The acts of the evaluation commissions may be challenged by the interested parties by means of a show, which will be resolved by the Directorate General of Relations with the Administration of Justice, as established by the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 11. Documentation presentation.

Applicants who qualify as "fit" in the aptitude test must demonstrate compliance with the requirements set out in Article 5 by submitting the relevant documentation at the Ministry of Education. Justice.

Documents issued by authority other than Spanish must be accompanied by the corresponding official translation into Spanish.

Single repeal provision.

The Order of 30 April 1996, for which the Royal Decree 1665/1991 of 25 October 1991, is carried out, is hereby repealed with regard to the professions of lawyer and procurator.

Final disposition first. Competence title.

This order is issued pursuant to the provisions of Article 149.1.30. of the Constitution for which the State is responsible for exclusive jurisdiction over the regulation of the conditions for obtaining, issuing, and approval of academic and professional qualifications.

Final disposition second. Extra duty.

In everything not provided for in this order, it will apply what is established by Royal Decree 1837/2008, of 8 November, which incorporates the Spanish legal order Directive 2005 /36/EC, of the European Parliament and of the Council, of 7 September 2005, and Council Directive 2006 /100/EC of 20 November 2006 on the recognition of professional qualifications, as well as certain aspects of the exercise of the profession of lawyer, and by Law 30/1992, of 26 November, Legal Regime of the Public Administrations and the Procedure Common Administrative.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, March 15, 2013. -Government Vice President and Minister of the Presidency Soraya Saenz de Santamaria Anton.

ANNEX I

Official name of the profession of lawyer and prosecutor in the Member States of the European Union and other States party to the Agreement on the European Economic Area

"Lawyer" means any person entitled to pursue his or her professional activities under one of the following names:

Germany: Rechtsanwalt.

Austria: Rechtsanwalt.

Belgium: Avocat/Advocaat/Rechtsanwalt.

Bulgaria: Aлвокат.

Cyprus: Aikiyopaplo.

Denmark: Advokat.

Slovakia: Advokat/Komercálčnány ' pravnik.

Slovenia: Odvetnik/Odvethnica.

Estonia: Vandeadvokaat.

Finland: Asianajaja/Advokat.

France: Avocat.

Greece: Aikiyopς

Hungary: Ugyved.

Ireland: Barrister/Solicitor.

Iceland: Logmaour.

Italy: Avvocato.

Latvia: Zvehinrina'ts advoka-ts.

Liechtenstein: Rechtsanwalt.

Lithuania: Advokatas.

Luxembourg: Avocat.

Malta: Avukat/Prokuratur Legali.

Norway: Advokat.

Netherlands: Advocaat.

Poland: Adwokat/Radca prawny.

Portugal: Advogado.

UK: Advocate/Barrister/Solicitor.

Czech Republic: Advokat.

Romania: Avocat.

Sweden: Advokat.

"Attorney" shall mean any person entitled to pursue his or her professional activities under one of the following names:

United Kingdom: Solicitor.

Ireland: Solicitor.

Portugal: Requester.

France: Huissiers de Justice.

Belgium: Huissiers de Justice.

Estonia: Kohtutiturid.

Finland: Ulosottomiehet.

Hungary: Onallo Birosagi Vegrehajto.

Latvia: Inatu Tiesu Izpilditaju.

Lithuania: Anstoliu.

Luxembourg: Huissiers de Justice.

Netherlands: Gerechtsdeurwaarders.

Poland: Komornik Sadowy.

Czech Republic: Soudni Exekutor.

Slovenia: Izvrsiteljica.

Slovakia: Südni Exekutori.

ANNEX II

Responsible statement concerning the possession of the title of lawyer or procurator issued in one of the States of the European Union and the European Economic Area

D. ....................................................., of nationality ............................., with domicile for the purposes of notification in ..................................................................................................

SWEARING/PROMISES

Being in possession of the title of .........................., equivalent to that of lawyer/procurator in Spain, having obtained the title in (country), being in a position to present itself to the corresponding test of aptitude.

Signature and Date

ANNEX III

The fitness test for lawyers will deal with the following subjects:

1. Constitutional Law: (a) The Spanish Constitution; (b) State Organization; (c) Fundamental Rights and Public Freedoms.

2. Administrative Law: (a) Basic principles of Administrative Law; (b) Administrative procedure; (c) Public sector contracts; (d) The litigation-administrative process.

3. Civil Law and Commercial Law: (a) General Party of Civil Law; (b) Law of obligations and contracts; (c) Goods and rights; (d) Right of family and succession; (e) Obligations and commercial contracts; (f) Company law; (g) The process civil.

4. Criminal law: (a) General principles; (b) Crimes in particular; (c) Criminal proceedings.

5. Labour Law: (a) Sources; (b) Workers ' rights; (c) The employment process.

6. The Spanish Judicial Organization.

7. Professional Ethics.

ANNEX IV

The fitness test for procurators will deal with the following subjects:

1. Constitutional Law: (a) The Spanish Constitution; (b) Organization of the State; (c) Action for protection; (d) Fundamental rights and public freedoms.

2. Administrative Law: (a) Basic principles of Administrative Law; (b) Legal information and legal framework for new technologies in the Administration: (c) Tax law, special part; (d) The litigation-administrative process.

3. Civil Law and Commercial Law: (a) General Party of Civil Law; (b) General Theory of Representation and Mandate; (c) Registration Law; (d) Civil Process; (e) Court of Justice.

4. Criminal Law: a) General principles; b) Criminal proceedings.

5. Labour Law: (a) Sources; (b) Workers ' rights; (c) The employment process.

6. The Spanish Judicial Organization.

7. Professional Ethics.