The Single European Market not only ensures a free movement of goods but also guarantees locational and service freedom. The activities of legal consultants are increasingly gaining in international dimensions therefore. There is also an increasing demand for consultants who are conversant with the legal systems of several states. The following contribution describes the way in which the German attorney title "Rechtsanwalt" can be acquired and provides a summary of the professional opportunities which are associated with the dual qualification in cross-border services.

I. Legal Bases

With the transformation of the EC Directive of December 21, 1988 on a general ruling for recognition of university degrees, the Federal Republic of Germany created the legal bases for the acquisition of the German Title of "Rechtsanwalt" [Attorney]. They are to be found in the Law on Activities of European Attorneys in Germany (EuRAG). The law opens up access to the title of a German attorney and applies for all countries forming part of the members states of the European Union who are entitled to operate independently as an attorney in their mother country under one of the professional designations referred to in EuRAG. European attorneys are able to acquire the title of "Rechtsanwalt" directly after having passed an aptitude test (§ 16 a EuRAG). You acquire all the rights of a German attorney and are able to use the title in Germany and in your mother country. You may be exempt from the obligation to establish your own legal practice in Germany by submitting an appropriate request (§ 29a Abs.2 Bundesrechtsanwaltsordnung - Code of German Legal Practice).

II. Admission to the examination

The aptitude test on German law takes place in the Federal Republic of Germany three times a year. The examinations are held in Berlin, Düsseldorf and Stuttgart. A prerequisite for admission to the examination is that the applicant has completed his or her professional training which entitle him or her to have immediate access to the profession of a European attorney. The professional designations are to be found in the Appendix to EuRAG. The application for admission to the examination is to be sent to the Examination Office (§ 18 I EuRAG). The documents referred to in § 3 II of the Regulation on Aptitude Tests (curriculum vitae, qualification/diploma, etc.) are to accompany the application. The documents are to be submitted in German or with a certified translation.

III. Examination Subjects and Examination Dates

The aptitude test consists of a written and verbal part. It has to be held in German. Two examinations have to be taken in the written part, with the first examination dealing with civil law in the obligatory section and the second examination with an optional subject to be determined by the applicant. The following optional subjects are possible: commercial law, labour law, family and inheritance law and public law. The examinations deal with tasks arising in the daily practice of an attorney, e.g. an expertise on a legal matter or the draft of a lawsuit or a statement of defence. The processing time for each examination is five hours. Applicants are admitted for the verbal examination if they have passed at least one of the two written examinations as a minimum. The verbal examination consists of a brief presentation and an examination discussion. The duration of the summary presentation should not exceed fifteen minutes. The examination discussion takes about forty-five minutes for each examinee. Examination dates are offered once a year (Stuttgart in March, August in Düsseldorf and December in Berlin). The verbal examination takes place approximately three months after completion of the supervisory work. Anyone who fails the examination is able to repeat it twice.

Please note that for UK citizens the prerequisites for admission to the examination might change after a Brexit.

België / Belgique

Česká republika

Danmark

Eesti

España

Hinweis: Rechtsanwälte aus Mexiko können ihre Zulassung als Rechtsanwalt in Spanien beantragen. Sie werden bei Erfüllung weiterer Voraussetzungen zur Eignungsprüfung als Rechtsanwalt zugelassen.

France

Ελλάδα

Italia

Latvija

Lietuva

Luxembourg

Nederland

Norge

Magyarország

Polska

Portugal/Brasilien

Suomi

Sverige