WRITTEN QUESTION E-0739/99

by Alessandro Danesin (PPE) to the Commission

(29 March 1999)

Subject: Recognition of qualifications in the EU

In at least two regions in Germany, Hessen and Lower Saxony, local legislation (Article 231 and Article 5 respectively, regarding legal practice) stipulates that anyone wishing to practise as a lawyer must have obtained a degree in the Federal Republic of Germany.

This means that European citizens who have graduated in law in an EU Member States other than Germany cannot practice law in that country even if they live there.

Is the Commission aware that the general system of recognition of diplomas (according to Directives 89/48/EEC(1), 92/51/EEC(2), 94/38/EEC(3) and 95/43/EEC(4) ) provides that nationals of a Member State, who wish to pursue a regulated profession (such as that of a lawyer), in another Member State and who hold the qualifications necessary to do so are entitled to obtain recognition of those qualifications? Can it confirm that discrimination no longer exists in this field?

Answer given by Mr Monti on behalf of the Commission

(23 April 1999)

Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration, allows nationals of a Member State to take up in another Member State a profession for which they are fully qualified. It has to be underlined that this Directive applies only for lawyers who meet all requirements for taking up the profession in the Member State of origin.

The host Member State can require the applicant to pass an aptitude test if there are significant differences between the qualifications of his professional diploma and the qualifications required. In particular, this is true for the profession of lawyer. Article 4 of the Directive permits aptitude tests for professions which require precise knowledge of national law.

Germany implemented this Directive for the profession of lawyer by federal law of 6 July 1990 under which lawyers qualified by the law of another Member State have to pass an aptitude test to acquire the title of a German lawyer ("Rechtsanwalt"). Applicants can claim the rights under this law(5) and there seems to be no infringement of Community law.

Supplementary to Directive 89/48/EEC, Directive 98/5/EC of the 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, provides further possibilities to practice as a lawyer in another Member State on the basis of professional experience. Under certain conditions, fully qualified lawyers can practise under their home title in other Member States and can receive the title after at least three years full-time practice in the national law there. Directive 98/5/EC has to be implemented in Member States by 14 March 2000.

(1) OJ L 19, 24.1.1989, p. 16.

(2) OJ L 209, 24.7.1992, p. 25.

(3) OJ L 217, 23.8.1994, p. 8.

(4) OJ L 184, 3.8.1995, p. 21.

(5) Although the relation between federal and local law in Germany is outside the competence of the Commission, it can be mentioned that basically German federal law ranks higher than local law. Thus, if the local law of certain German "Länder" does not explicitly contain a provision on the access of lawyers of other Member States, this does not mean that there is no possibility to receive the title of "Rechtsanwalt" through an aptitude test.