Regulations

Bar Council Regulations on EU Registered Lawyers

Download Application to be added to the Bar Council Register of EU Registered Lawyers under the European Establishment Directive 98/5/EC

October 2014

PREAMBLE
1. A national of a Member State of the European Union who is authorised to practise as a lawyer in a Member State is permitted to register as a foreign qualified lawyer (an “EU Registered Lawyer”) under Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 (“the Lawyers’ Establishment Directive”). 
 
2. The Lawyers’ Establishment Directive was implemented by SI 732/2003, the European Communities (Lawyers’ Establishment Regulations) 2003 (“the 2003 Lawyers’ Establishment Regulations”). 
 
3. The European Communities (General System for the Recognition of Higher Education Diplomas) Regulations 1991 as amended by the 2003 Lawyers’ Establishment Regulations, govern the methods by which, subsequent to inclusion on the Bar Council Register of EU Registered Lawyers, EU Registered Lawyers may gain admission to the profession of lawyer in Ireland (“the Host Member State), and practise under the professional title of Barrister.
 
4. The Constitution of the General Council of the Bar of Ireland (“the Constitution of the Bar of Ireland”), as adopted on 25 July 2011, provides the following definition of lawyer:
 
“Lawyer” means a lawyer within the categories detailed in Regulation 4(a) of the European Communities (Lawyers’ Establishment) Regulations 2003 S.I. No. 732 of 2003. 
 
5. These Regulations are made pursuant to Paragraph 5A of the Constitution of the Bar of Ireland, which provides that the Bar Council may make regulations providing for the terms and conditions upon which lawyers may become registered pursuant to the 2003 Lawyers’ Establishment Regulations:
 
The Council may from time to time make regulations providing for the terms and conditions upon which lawyers may become registered for the purposes of this Constitution in accordance with the European Communities (Lawyers’ Establishment) Regulations 2003 S.I. No. 732 of 2003. Such regulations shall provide for the basis upon which such registration may continue from time to time and the issuing of registration certificates envisaged by R. 6(3)(b) of S.I. No. 732 of 2003. Such regulations shall further provide for the circumstances in which a person so registered may be removed from the register. Without prejudice to the generality of the foregoing the said regulations may provide for the payment by such persons to the Council of a subscription which shall be fixed by the Council having regard to the cost of funding those activities of the Council not connected with the maintenance of the Law Library. 
 
6. The 2003 Lawyers’ Establishment Regulations govern the manner of registration as a matter of law and should be consulted for further elaboration of these Regulations.
 
PURPOSE OF THE LAWYERS’ ESTABLISHMENT DIRECTIVE
7. The Lawyers’ Establishment Directive entitles a lawyer to move to another EU Member State (the “Home Member State”) and practise law under his or her home title (the “Home-country Professional Title”). Under certain conditions, the EU Registered Lawyer may subsequently take out the local qualification.
 
8. The Bar Council is the competent authority for the registration of EU lawyers who wish to practise as Barristers in this jurisdiction pursuant to the Lawyers’ Establishment Directive and pursuant to the 2003 Lawyers’ Establishment Regulations, and will maintain a Register of Lawyers known as the Bar Council Register of EU Registered Lawyers.
 
METHOD OF APPLICATION FOR REGISTRATION
9. To be added to the Bar Council Register of EU Registered Lawyers, applicants must complete an application form, available on request from the Bar Council, accompanied by the following:
 
(a) a certificate attesting to the lawyer’s registration with the relevant authority in the Home Member State (or, as the case may be, each such State in which is used the professional title under which the applicant proposes to practise) and issued not earlier than 3 months before the date of its presentation,
 
(b) written evidence establishing to the satisfaction of the Bar Council that:
 
 (i) there is in force, in accordance with the rules of the Bar Council, an indemnity against any losses arising from claims against the lawyer in respect of his or her professional activities in Ireland in the amount of EUR 1.5 million, which sum is subject to change by the Library Committee of the Bar Council, or 
 
(ii) he or she has taken out professional indemnity insurance, or is a member of a professional guarantee fund, in accordance with the rules of his or her Home Member State and either –
 
(I) the indemnity provided by the insurance or fund against any losses arising from claims against the lawyer in respect of his or her professional activities in Ireland is equivalent in terms of the conditions and extent of cover as the cover required to be provided in that respect by Barristers, being EUR 1.5 million, which sum is subject to change by the Library Committee of the Bar Council or
 
(II) the equivalence of cover is only partial and, so as to provide full equivalence, he or she has taken out additional insurance, or furnished an additional guarantee, to cover the elements not already covered by the lawyer's existing insurance or guarantee. 
 
(c) if necessary, a certified translation into English of any document referred to in subparagraphs (a) and (b).
and
 
(d) a fee of for registration, which sum is to be fixed by the Bar Council and subject to change.

(e) a renewal charge which is charged annually, which sum is to be fixed by the Bar Council and subject to change.

 
10. Once a complete application with the necessary accompanying proofs has been submitted and deemed to be sufficient by the Bar Council, a Registration Certificate shall be issued to the lawyer, and his or her name entered on the Bar Council Register of EU Registered Lawyers. 
 
11. The Bar Council shall consider all applications as soon as practicable.
 
REGISTRATION CERTIFICATES
12. In cases of approved applications, the Bar Council shall issue the Registration Certificate to the lawyer and enter his or her name on the Bar Council Register of EU Registered Lawyers not later than four months after receipt of a complete application.
 
13. An application may be rejected, in which case the reasons for rejection shall be communicated to the applicant in writing, not later than four months after receipt of a complete application.
 
14. A Registration Certificate may be granted subject to conditions. These should be communicated to the applicant in writing, not later than four months after receipt of a complete application. 
 
15. Where the Bar Council does not issue a Registration Certificate or so notify the lawyer within the four month period, it shall be deemed to have decided to reject the application and to have notified the lawyer of the decision on the last day of the that period. 
 
16. A Registration Certificate shall contain a statement of any conditions to which the registration is subject and shall remain in force unless cancelled. Registration Certificates must be renewed annually. The EU Registered Lawyer must ensure that the Bar Council has up to date written evidence of the indemnity cover referred to above. 
 
17. A lawyer may not be registered at the same time in both the Register maintained by the Bar Council and that maintained by the Law Society.
 
18. An appeal may be brought by a lawyer to the High Court against a decision made or deemed to have been made by the Bar Council on an application made by him or her within 42 days of the notification to him or her of the decision or later, with the leave of the Court.
 
THE BAR COUNCIL REGISTER OF EU REGISTERED LAWYERS
19. The Bar Council shall establish and maintain a Register of Lawyers to whom Registration Certificates have been issued.
 
20. The Bar Council Register of EU Registered Lawyers register shall include the following particulars in respect of each such lawyer:
 
(a) date of issue of Registration Certificate,
 
(b) full name,
 
(c) a statement that the lawyer is pursuing the professional activities of a Barrister,
 
(d) place or places of business in Ireland,
 
(e) Home Member State,
 
(f) Home-country Professional Title expressed in an intelligible manner in the official language or one of the official languages of the Home Member State and so as to avoid confusion with the title of Barrister,
 
(g) name of the professional body of which the lawyer is a member in the Home Member State or the judicial authority before which the lawyer is entitled to practise pursuant to the laws of that State,
 
(h) cover as against any losses arising from claims against the lawyer in respect of his or her professional activities in Ireland,
 
(i) any conditions to which the registration is subject.
 
21. The Bar Council shall inform the relevant authority in the Home Member State of the registration of each lawyer from that State, of any conditions to which the registration is or may subsequently be made subject and, where appropriate, of any order of the High Court striking the name of the EU Registered Lawyer off the Bar Council Register of EU Registered Lawyers.
 
RIGHTS OF AUDIENCE AND USE OF TITLE
22. The EU Registered Lawyer may pursue the professional activities of a Barrister in this jurisdiction on a permanent basis, as if he or she was a Barrister. However, the registered lawyer practises under his or her Home-country Professional Title, as entered in the Bar Council Register of EU Registered Lawyers.
 
23. The EU Registered Lawyer may give advice on the law of the Home Member State, Community law, international law and Irish law, and has the same right of audience as a practising Barrister qualified to practise in relation to the representation of a client in any proceedings before a court tribunal or public authority.
 
24. However, pursuant to the Lawyers’ Establishment Directive and the 2003 Lawyers’ Establishment Regulations, in any proceedings before a judicial authority where the professional activities in question may, but for the 2003 Regulations, be lawfully provided only by a practising Barrister or a Solicitor qualified to practise, an EU Registered Lawyer shall act in conjunction with such a Barrister or Solicitor who practises before the judicial authority concerned and who would, where necessary, be answerable to that authority.
 
25. While pursuing the professional activities of a barrister, the EU Registered Lawyer shall -
(i) use the his or her Home-country Professional Title.
(ii) indicate the professional body of which he or she is a member in the Home Member State or the judicial authority before which the or she is entitled to practise pursuant to the laws of that State, and
(iii) include a reference to the lawyer’s registration with the Bar Council.
 
26. The lawyer’s Home-country Professional Title shall be expressed in an intelligible manner in the official language or one of the official languages of the Home Member State and so as to avoid confusion with the title of Barrister.
27. The Bar Council shall grant representation to EU Registered Lawyers in the Bar Council, which representation shall involve the right to vote in elections to the governing bodies thereof.
 
WITHDRAWAL OF AUTHORISATION TO PRACTISE IN HOME MEMBER STATE
28. Where the relevant authority in the Home Member State withdraws a lawyer’s authorisation to practise under his or her home professional title, then -
 
(a) if the withdrawal is temporary, an EU Registered Lawyer ceases to be entitled to pursue the professional activities of a Barrister on a permanent basis under the Home-country Professional Title, as entered in the Bar Council Register of EU Registered Lawyers, as if he or she were a Barrister
 
and
 
(b) if the withdrawal is permanent, the Bar Council shall remove the EU Registered Lawyer’s name from the Bar Council Register of EU Registered Lawyers and cancel his or her Registration Certificate.
 
29. The Bar Council shall notify the lawyer as soon as practicable of the withdrawal of the authorisation and the effect of the withdrawal.
 
30. Where a registered lawyer is authorised to pursue professional activities under the Home-country Professional Title in two or more Home Member States, paragraph 28 does not apply unless the authorisation to pursue those activities has been withdrawn in all those States, but the EU Registered Lawyer is not entitled to pursue professional activities under the Home-country Professional Title where the authorisation to pursue them in the Home Member State concerned has been withdrawn.
31. The EU Registered Lawyer must notify the Bar Council immediately if they are disbarred or suspended from practice in their Home Member State. 
 
APPLICABLE RULES OF PROFESSIONAL PRACTICE, CONDUCT AND DISCIPLINE
32. All Bar Council rules governing professional practice, conduct and discipline including any of those rules containing sanctions for breaches thereof, apply and have effect, with the necessary modifications, in relation to EU Registered Lawyers in respect of professional activities pursued by them in Ireland.
 
33. For the avoidance of doubt, EU Registered Lawyers are subject to the Code of Conduct for the Bar of Ireland and the Disciplinary Code for the Bar of Ireland with the necessary modifications.
 
34. The obligations of a Barrister practising in Ireland in relation to Continuing Professional Development equally apply to EU Registered Lawyers. 
 
35. The Bar Council shall
(a) before initiating disciplinary proceedings in relation to an EU Registered Lawyer, inform the relevant authority in the Home Member State as soon as practicable and furnish it with all relevant details.
(b) cooperate with it throughout the proceedings, and
(c) inform it as soon as practicable of the outcome of the proceedings (including proceedings on any appeal) and of any sanction imposed and the reasons for it.
 
36. The relevant authority in the Home Member State is entitled to make submissions at the hearing of any appeal against a decision made by the Bar Council in disciplinary proceedings against him or her.