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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 article 1 CELEX: 01998L0005-20130701 Object, scope and definitions
1. The purpose of this Directive is to facilitate practice of the profession of lawyer on a permanent basis in a self-employed or salaried capacity in a Member State other than that in which the professional qualification was obtained. |
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 article 1 CELEX: 01998L0005-20130701 2. For the purposes of this Directive: (a) ‘lawyer’ means any person who is a national of a Member State and who is authorised to pursue his professional activities under one of the following professional titles: Belgium Avocat/Advocaat/Rechtsanwalt Bulgaria Aдвокат Czech Republic Advokát Denmark Advokat Germany Rechtsanwalt Estonia Vandeadvokaat Greece Δικηγόρος Spain Abogado/Advocat/Avogado/Abokatu France Avocat Croatia Odvjetnik/Odvjetnica Ireland Barrister/Solicitor Italy Avvocato Cyprus Δικηγόρος Latvia Zvērināts advokāts Lithuania Advokatas Luxembourg Avocat Hungary Ügyvéd Malta Avukat/Prokuratur Legali Netherlands Advocaat Austria Rechtsanwalt Poland Adwokat/Radca prawny Portugal Advogado Romania Avocat Slovenia Odvetnik/Odvetnica Slovakia Advokát/Komerčný právnik Finland Asianajaja/Advokat Sweden Advokat United Kingdom Advocate/Barrister/Solicitor (b) ‘home Member State’ means the Member State in which a lawyer acquired the right to use one of the professional titles referred to in (a) before practising the profession of lawyer in another Member State; (c) ‘host Member State’ means the Member State in which a lawyer practises pursuant to this Directive; (d) ‘home-country professional title’ means the professional title used in the Member State in which a lawyer acquired the right to use that title before practising the profession of lawyer in the host Member State; (e) ‘grouping’ means any entity, with or without legal personality, formed under the law of a Member State, within which lawyers pursue their professional activities jointly under a joint name; (f) ‘relevant professional title’ or ‘relevant profession’ means the professional title or profession governed by the competent authority with whom a lawyer has registered under Article 3, and ‘competent authority’ means that authority. |
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 article 1 CELEX: 01998L0005-20130701 3. This Directive shall apply both to lawyers practising in a self-employed capacity and to lawyers practising in a salarial capacity in the home Member State and, subject to Article 8, in the host Member State. 4. Practice of the profession of lawyer within the meaning of this Directive shall not include the provision of services, which is covered by Directive 77/249/EEC. |