EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Directive 98/5/EC — practice as a lawyer on a permanent basis in an EU country other than that of qualification
The directive enables lawyers who qualify in one EU country to practise on a permanent basis in another under their home country professional title. The directive applies to EU nationals authorised to practise under the professional title of ‘lawyer’ , but the system also extends to all nationals of European Economic Area countries and Switzerland.
Right to practise
Fields of activity
Where a host EU country allows joint practices, one or more lawyers belonging to a grouping in their home country may pursue their activities as members of their grouping in the host country.
Lawyers practising on a permanent basis in another EU country should observe the professional conduct rules of the host country, even if they remain subject to the deontology of their home country.
Lawyers practising under their home country professional title are subject to the disciplinary procedures of the host EU country.
On 14 March 1998. EU countries had to transpose it into their national legislation by 14 March 2000.
Other EU legal instruments also apply to the legal profession. These relate to:
Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ L 77, 14.3.1998, pp. 36-43)
Successive amendments to Directive 98/5/EC have been incorporated into the basic text. This consolidated version is for reference only.
Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ L 78, 26.3.1977, pp. 17-18). See consolidated version.
Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, pp. 22-142). See consolidated version.
last update 28.10.2015