In principle, a European lawyer is entitled to work as a lawyer in Italy and to be admitted as a member of an Italian bar.
This is laid down in the rules of the legislation on the activities of European lawyers in Italy, which were issued on the basis of the EU Directives 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate the permanent practice of the legal profession in a Member State other than that in which the qualification was obtained and Council Directive 77/249/EEC of March 22, 1977 to facilitate the effective exercise of the freedom to provide services in respect of lawyers.
1. Permanent practice of the profession of lawyer in Italy
After three years of effective and regular work in Italy, it is assumed that the lawyer in question has acquired the necessary aptitude to fully integrate into the profession in the host state. At the end of this period, the foreign lawyer, provided that he/she can prove his professional qualifications in the host state, subject to review, may be granted the right to use the professional title of that member state.
The established European lawyer shall use the professional title which he is entitled to use in the State of origin in accordance with the law applicable in that State.
The established European lawyer shall be entitled to use the title “Member of the Bar” in professional dealings. The title “European lawyer” may not be used as a professional title or in advertising.
The terms “avvocato”, “avvocato europeo”, “[country] avvocato”, “avv.”, etc. may not be used, not even for mere translation purposes.
The following are authorized professional titles:
in Belgium: Avocat/Advocaat/Rechtsanwalt
in Bulgaria: (Advokat)
in Denmark: Advokat
in Germany: Rechtsanwalt
in Estonia: Vandeadvokaat
in Finland: Asianajaja/Advokat
in France: Avocat
in Greece: Dikigoros
in Great Britain: Advocate/ Barrister / Solicitor
in Ireland: Barrister / Solicitor
in Iceland: Lögmaur
in Italy: Avvocato
in Latvia: Zverinats advokats
in Liechtenstein: Rechtsanwalt
in Lithuania: Advokatas
in Luxembourg: Avocat
in Malta: Avukat/Prokuratur Legali
in the Netherlands: Advocaat
in Norway: Advokat
in Austria: Rechtsanwalt
in Poland: Adwokat/Radca prawny
in Portugal: Advogado
in Romania: Avocat
in Sweden: Advokat
in Switzerland: Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech/Avocat/Avvocato
in Slovakia: Advokát/Komerčný právnik
in Slovenia: Odvetnik /Odvetnica
in Spain: Abogado/Advocat/Avogado/Abokatu
in the Czech Republic: Advokát
in Hungary: Ügyvéd
in Cyprus:????????? (Dikigoros)
2. One-time practice of the profession of lawyer in Italy
On the other hand, it is a matter of providing a service if the service provider works in another member state only on a temporary basis (ECJ, loc. cit.). Some restrictions apply to the European lawyer providing a service.
Accordingly, the “European” lawyer providing services also has the comprehensive authority to provide legal advice in the field of Italian law; however, the European lawyer providing services may only act as a representative or defense counsel for a client in judicial proceedings or official proceedings for criminal, administrative, or professional offenses in which the client cannot conduct the legal dispute or defend himself as a representative or defense counsel for a client, only with the agreement of a lawyer (so-called “”); see also the Council EU Directive 77/249/EEC of March 22, 1977, to facilitate the effective exercise of freedom to provide services by lawyers (Law 31/82).
The foreign lawyer must submit a corresponding application to the competent court.
FAC SIMILE:
Dear Mr.President of the Council of the Bar Association of ...
Via PEC
Subject: communication under art. 9 l. 31/1982 and request for registration in the register referred to in art. 12 of the aforementioned law, implementing EC Directive No. 77-249, for the performance of free provision of services
Dear Mr. President,
the undersigned ____________ born in __________il ______ citizen __________, professional domicile registered as a lawyer in ___ since ______ at the Council of the Order __________ in observance of the legislation referred to in the subject, is to communicate that he has assumed and will actually exercise the task as counsel for the defendant ______, in the criminal proceedings ... R.G.N.R. and ... R.G.G.I.P. pending before the Court of ... for the entire duration of the proceedings, with the next hearing set for ... , in agreement with attorney Nicola Canestrini of the Court of Rovereto, with professional office in Rovereto (TN), Corso Rosmini 46 where I intend to elect domicile for the purposes of the present.
I declare, under my own responsibility, 9 that I undertake to abide by the current legislative, professional and deontological rules 9 that I am not in any of the conditions of incompatibility indicated in art. 5 l. 31/1982, and 9 that I have not incurred criminal, administrative or professional sanctions that may affect the exercise of professional activity. I enclose a copy of the professional qualification for the profession in Germany and that of the lawyer's card. Available for any clarification that may be needed, I remain with the utmost compliance.
signature
Enclosed:
- copy professional title
- copy of attorney's card
LAW February 9, 1982 , No. 31
Freedom to provide services by lawyers who are nationals of member states of the European Communities.
Effective as of: 26-9-2024
EXERCISE IN ITALY, BY LAWYERS FROM OTHER MEMBER STATES OF THE EUROPEAN COMMUNITIES, OF PROFESSIONAL ACTIVITIES BY WAY OF PROVISION OF SERVICES.
The Chamber of Deputies and the Senate of the Republic have
approved;
THE PRESIDENT OF THE REPUBLIC
PROMULSES
the following law:
Art. 1 Professional Qualification.
Nationals of the member states of the European Union who are qualified in their home state to practice their professional activities under one of the following designations shall be considered as lawyers within the meaning and for the purposes of this title:
avocat-advocaat (Belgium);
advokat (Denmark);
rechtsanwalt (Federal Republic of Germany);
avocat (France);
barrister-solicitor (Ireland);
avocat-avouè (Luxembourg);
advocaat (Netherlands);
advocate-barrister-solicitor (United Kingdom);
δικηγoρος (Greece);
abogado (Spain);
advogado (Portugal);
rechtsanwalt (Austria);
asianajaja/advokat (Finland);
advokat (Sweden);
advokat (Czech Republic);
vandeadvokaat (Estonia);
δικηγoρος (Cyprus);
zvêrinâts/advokâts (Latvia);
advokatas (Lithuania);
ügyved (Hungary);
avukat/prokoratur legali (Malta);
adwokat/radca prawny (Poland);
odvetnik/odvetnica (Slovenia);
advokat/komercný pravnik (Slovakia);
АДВОКАТ (Bulgaria);
avocar (Romania);
Odvjetnik/Odvjetnica (Croatia)
Art. 2 Provision of professional services
The persons referred to in Article 1 are admitted to the professional activities of the lawyer, in judicial and extrajudicial settings, on a temporary basis and in the manner established by this title.
Art. 3 Use of the title
Lawyers referred to in Article 1 must make use of their professional title, expressed in the language or one of the languages of their home state, with an indication of the professional organization to which they belong or the court to which they are admitted to practice in accordance with the provisions in force in that state.
Art. 4 Duties
For the exercise of their professional activities, the lawyers indicated in Article 1 are required to comply with the current legislative, professional and deontological rules, with the exception of those concerning the requirement of Italian citizenship, possession of a law degree, passing the state examination, the requirement of residence in the territory of the Republic, registration in a register of lawyers and the requirement of taking an oath.
Art. 5 Incompatibilities
The rules on incompatibility provided for in Article 3 of Royal Decree Law No. 1578 of November 27, 1933, converted, with amendments, into Law No. 36 of January 22, 1934, and further amended by Law No. 1949 of November 23, 1939, are extended to the lawyers indicated in Article 1 .
The provision set forth in subparagraph (b) of the fourth paragraph of the aforementioned Article 3 of Royal Decree-Law No. 1578 of 1933 shall apply to lawyers bound by a contract of employment to a public or private entity corresponding, in the member state of origin, to those indicated in the aforementioned subparagraph (b).
Art. 6 Judicial services
In the performance of activities relating to the defense in civil, criminal and administrative judgments, the lawyers mentioned in Article 1 are required to comply, in addition to the requirements of Articles 4 and 5, with the following conditions:
(a) the assumption of the assignment must be promptly communicated to the authority seized as well as to the president of the locally competent bar association;
(b) the services connected with the assignment must be performed in concert with a lawyer or prosecutor registered and licensed to practice before the requested authority;
(c) the lawyer and prosecutor referred to in (b) above shall ensure relations with the requested authority and undertake, with respect to the same and in the performance of the professional services considered, to comply with the duties imposed on defense counsel by the rules in force.
Art. 7 Out-of-court services
In the performance of out-of-court services, the attorneys indicated in Article 1 are obliged to observe, in addition to the requirements of Articles 4 and 5, the rules guaranteeing the proper exercise of professional activity and the dignity of the profession, including the rules concerning professional secrecy, confidentiality and the prohibition of publicity.
Art. 8 Legal aid before higher courts
Lawyers indicated in Article 1 shall be admitted to legal aid before the Court of Cassation and the other jurisdictions referred to inArticle 4, second paragraph, of Royal Decree-Law No. 1578 of November 27, 1933, converted, with amendments, into Law No. 36 of January 22, 1934, regardless of registration in the special register referred to in Article 33 of the aforementioned Royal Decree-Law No. 1578, provided that they prove that they have practiced the profession for at least ((twelve years)) or to be admitted to practice the profession in their home state before corresponding courts.
Art. 9 Obligation and content of communication
Prior to the commencement of professional activities in the territory of the Republic, the lawyers referred to in Article 1 are required to send, directly to the president of the bar association in whose district the activity itself is to be carried out, special communication in the Italian language containing:
1) name, surname, place and date of birth, citizenship and professional residence or domicile;
2) professional title held and professional organization in which they are registered or judicial authority in which they practice under the provisions in force in the State of origin;
3) address in Italy during the period of stay;
4) declaration, under his/her own responsibility, that he/she is not in any of the conditions of incompatibility indicated in Article 5 above, and that he/she has not incurred criminal, administrative or professional sanctions that may affect the exercise of professional activity
5) membership in professional societies, if any;
6) for the performance of the activities of representation and defense in court, indication of the lawyer or attorney referred to in letter b) of Article 6 as well as the expected duration of the activity to be performed.
Art. 10 Documentation
Where he deems it appropriate, and in any case where the professional activities to be carried out relate to representation and defense before the courts or public authorities, the president of the bar association shall request from the lawyer who has transmitted the communication referred to in the preceding article suitable documentation concerning the possession of one of the professional titles indicated in Article 1 and the legal practice in the member state of origin of the activities in question.
Art. 11 Professional discipline
In the exercise of their professional activities, the lawyers indicated in Article 1 shall be subject, for any violation of the provisions contained or referred to in this title, to the disciplinary power of the council of the bar having jurisdiction over the territory.
The disciplinary sanctions provided for in the current rules shall be applicable to them, in the manner and procedures prescribed by the professional rules.
For the investigation in disciplinary proceedings, the bar council may directly request the necessary information from the professional organization to which the person concerned belongs or from the judicial authority to which he is admitted to practice.
Decisions adopted, in disciplinary matters, by bar councils and the National Bar Council shall be immediately and directly communicated to the organization or authority referred to in the preceding paragraph.
Art. 12 Fulfilments of the bar councils and the National Bar Council
Bar councils shall forward to the National Bar Council copies of the communications referred to in Article 9 and inform it of the determinations made with respect to the lawyers specified in Article 1.
Both bar councils and the National Forensic Council shall take note, in a special register, of the lawyers who perform professional activities in application of this Law and the decisions taken, in disciplinary matters, against them.
Art. 13 Fees
For the professional activities performed, fees, dues and allowances shall be payable to the lawyers indicated in Article 1 in the amount established in judicial and extrajudicial matters in accordance with the current professional regulations.
Title II
EXERCISE IN THE MEMBER STATES OF THE EUROPEAN COMMUNITIES, BY ITALIAN LAWYERS, OF PROFESSIONAL ACTIVITIES BY WAY OF PROVISION OF SERVICES.
Art. 14 Fulfillments of the bar councils
Bar councils shall issue, at the request of registered lawyers carrying out professional activities in the other member states of the European Communities or at the request of the competent authorities of the aforesaid states, certificates, certifications and news concerning the professional position of the persons concerned.
Art. 15 Professional discipline
The Bar Councils, as soon as they become aware of abuses or misconducts or otherwise acts not in accordance with professional dignity and decorum, committed in the course of professional activity in another member state of the European Communities by registered lawyers, shall initiate ex officio - regardless of the measures taken by the authorities of that state - disciplinary proceedings in compliance with the rules in force. The outcome of the proceedings and the decisions taken shall be communicated directly to the competent authority of that state.
This law, bearing the seal of the State, shall be included in the Official Compendium of Laws and Decrees of the Italian Republic. It is incumbent upon everyone to observe and enforce it as a law of the State.
Given in Rome, on February 9, 1982.
PERTINI SPADOLINI - DARIDA - COLOMBO
See, the Keeper of the Seals: DARIDA
Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services
Official Journal L 078 , 26/03/1977 P. 0017 - 0018
Finnish special edition: Chapter 6 Volume 1 P. 0196
Greek special edition: Chapter 06 Volume 1 P. 0249
Swedish special edition: Chapter 6 Volume 1 P. 0196
Spanish special edition: Chapter 06 Volume 1 P. 0224
Portuguese special edition Chapter 06 Volume 1 P. 0224
COUNCIL DIRECTIVE of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (77/249/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 57 and 66 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas, pursuant to the Treaty, any restriction on the provision of services which is based on nationality or on conditions of residence has been prohibited since the end of the transitional period;
Whereas this Directive deals only with measures to facilitate the effective pursuit of the activities of lawyers by way of provision of services ; whereas more detailed measures will be necessary to facilitate the effective exercise of the right of establishment;
Whereas if lawyers are to exercise effectively the freedom to provide services host Member States must recognize as lawyers those persons practising the profession in the various Member States;
Whereas, since this Directive solely concerns provision of services and does not contain provisions on the mutual recognition of diplomas, a person to whom the Directive applies must adopt the professional title used in the Member State in which he is established, hereinafter referred to as "the Member State from which he comes",
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive shall apply, within the limits and under the conditions laid down herein, to the activities of lawyers pursued by way of provision of services.
Notwithstanding anything contained in this Directive, Member States may reserve to prescribed categories of lawyers the preparation of formal documents for obtaining title to administer estates of deceased persons, and the drafting of formal documents creating or transferring interests in land.
2. "Lawyer" means any person entitled to pursue his professional activities under one of the following designations: >PIC FILE= "T0010774">
Article 2
Each Member State shall recognize as a lawyer for the purpose of pursuing the activities specified in Article 1 (1) any person listed in paragraph 2 of that Article.
Article 3
A person referred to in Article 1 shall adopt the professional title used in the Member State from which he comes, expressed in the language or one of the languages, of that State, with an indication of the professional organization by which he is authorized to practise or the court of law before which he is entitled to practise pursuant to the laws of that State.
Article 4
1. Activities relating to the representation of a client in legal proceedings or before public authorities shall be pursued in each host Member State under the conditions laid down for lawyers established in that State, with the exception of any conditions requiring residence, or registration with a professional organization, in that State. (1)OJ No C 103, 5.10.1972, p. 19 and OJ No C 53, 8.3.1976, p. 33. (2)OJ No C 36, 28.3.1970, p. 37 and OJ No C 50, 4.3.1976, p. 17.
2. A lawyer pursuing these activities shall observe the rules of professional conduct of the host Member State, without prejudice to his obligations in the Member State from which he comes.
3. When these activities are pursued in the United Kingdom, "rules of professional conduct of the host Member State" means the rules of professional conduct applicable to solicitors, where such activities are not reserved for barristers and advocates. Otherwise the rules of professional conduct applicable to the latter shall apply. However, barristers from Ireland shall always be subject to the rules of professional conduct applicable in the United Kingdom to barristers and advocates.
When these activities are pursued in Ireland "rules of professional conduct of the host Member State" means, in so far as they govern the oral presentation of a case in court, the rules of professional conduct applicable to barristers. In all other cases the rules of professional conduct applicable to solicitors shall apply. However, barristers and advocates from the United Kingdom shall always be subject to the rules of professional conduct applicable in Ireland to barristers.
4. A lawyer pursuing activities other than those referred to in paragraph 1 shall remain subject to the conditions and rules of professional conduct of the Member State from which he comes without prejudice to respect for the rules, whatever their source, which govern the profession in the host Member State, especially those concerning the incompatibility of the exercise of the activities of a lawyer with the exercise of other activities in that State, professional secrecy, relations with other lawyers, the prohibition on the same lawyer acting for parties with mutually conflicting interests, and publicity. The latter rules are applicable only if they are capable of being observed by a lawyer who is not established in the host Member State and to the extent to which their observance is objectively justified to ensure, in that State, the proper exercise of a lawyer's activities, the standing of the profession and respect for the rules concerning incompatibility.
Article 5
For the pursuit of activities relating to the representation of a client in legal proceedings, a Member State may require lawyers to whom Article 1 applies: - to be introduced, in accordance with local rules or customs, to the presiding judge and, where appropriate, to the President of the relevant Bar in the host Member State;
- to work in conjunction with a lawyer who practises before the judicial authority in question and who would, where necessary, be answerable to that authority, or with an "avoué" or "procuratore" practising before it.
Article 6
Any Member State may exclude lawyers who are in the salaried employment of a public or private undertaking from pursuing activities relating to the representation of that undertaking in legal proceedings in so far as lawyers established in that State are not permitted to pursue those activities.
Article 7
1. The competent authority of the host Member State may request the person providing the services to establish his qualifications as a lawyer.
2. In the event of non-compliance with the obligations referred to in Article 4 and in force in the host Member State, the competent authority of the latter shall determine in accordance with its own rules and procedures the consequences of such non-compliance, and to this end may obtain any appropriate professional information concerning the person providing services. It shall notify the competent authority of the Member State from which the person comes of any decision taken. Such exchanges shall not affect the confidential nature of the information supplied.
Article 8
1. Member States shall bring into force the measures necessary to comply with this Directive within two years of its notification and shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 9
This Directive is addressed to the Member States.
Done at Brussels, 22 March 1977.
For the Council
The President
Judith HART