MUTUAL RECOGNITION OF QUALIFICATIONS OF LEGAL PROFESSION REGULATIONS

SUBSIDIARY LEGISLATION 12.17

MUTUAL RECOGNITION OF QUALIFICATIONS OF

LEGAL PROFESSION REGULATIONS

1st May, 2004

LEGAL NOTICE 273 of 2002, as amended by Legal Notices 55, 170 and

248 of 2004, 28 of 2008 and 234 of 2013.

The title of these regulations is the Mutual Recognition of

Qualifications of Legal Profession Regulations.

Added by

L.N. 28 of 2008.

(Regulation 2)

Amended by

L.N. 234 of 2013.

Austria

Rechtsanwalt

Bulgaria

Aдвокат

Belgium

Avocat/Advocaat/Rechtsanwalt

Cyprus

Δικηγóρoς

Czech Republic

Advokát

Denmark

Advokat

Estonia

Vandeadvokaat

Finland

Asianajaja/Advokat

France

Avocat

Croatia

Odvjentnik/Odvjentnica

Germany

Rechtsanwalt

Greece

Δικηγóρoς

Hungary

Űgyvéd

Ireland

Barrister/Solicitor

Italy

Avvocato

Latvia

Zvērināts advocāts

Lithuania

Advokatas

Luxembourg

Avocat-avoue

Netherlands

Advocaat

Poland

Adwokat/Radca prawny

Portugal

Advogado

Romania

Avocat

Slovakia

Advokát/Komerčny právnik

Slovenia

Odvetnik/Otvetnica

Spain

Abogado/Advocat/Avogado/Abokatu

Sweden

Advokat

United Kingdom

Advocate/Barrister/Solicitor

In these regulations, unless the context otherwise requires -

"Code" means the Code of Organization and Civil Procedure;

"Commission" means the Commission for the Administration of

Justice established by article 101A of the Constitution;

"designated authority" shall have the meaning assigned to it

under the Mutual Recognition of Qualifications Act, and in regard

to the legal profession, refers to the President of Malta;

"effective and regular pursuit" means actual exercise of the

activity without any interruption other than that resulting from the

events of everyday life;

"home Member State" means the Member State in which a legal

professional acquired the right to use one of the professional titles

specified by the Minister responsible for justice from time to time,

in schedules to be annexed to these regulations;

"home-country professional title" means the professional title

used in the Member State in which a legal professional acquired the

right to use that title before practising the legal profession in Malta;

"legal professional" means any person who is a citizen of an

Member State and who is authorised to pursue his professional

activities under one of the professional titles corresponding to that

of advocate and legal procurator as may be specified by the

Minister responsible for justice from time to time, in Schedules to

be annexed to these regulations and "legal profession" shall be

construed accordingly;

"relevant professional title" or "relevant profession" means the

professional title or profession governed by the designated

authority in Malta as shown in the Schedule.

Any legal professional shall be entitled to pursue on a

permanent or temporary basis in Malta under his home-country

professional title, the activities specified in regulation 7.

(1) A legal professional, who wishes to establish himself

and practise the profession of lawyer in Malta, although he

obtained his professional qualification in his home Member State,

shall register with the designated authority.

(2)

The

designated

authority

shall

register

the

legal

professional upon presentation of a certificate attesting to his

registration with the competent authority in the home Member

State.

(3) The designated authority may require that, when presented

b y th e com peten t aut hority of th e hom e Mem ber St ate, the

certificate be not more than three months old.

(4) The designated authority shall inform the competent

authority in the home Member State of the registration in Malta.

(1) Where a legal professional is practising in Malta under

his home-country professional title, such title shall be expressed in

the official language or one of the official languages of his home

Member State, in an intelligible manner and in such a way as to

avoid confusion with the professional title used in Malta.

(2) For the purpose of applying subregulation (1), the

designated authority may require a legal professional practising

under his home-country professional title to indicate the

professional body of which he is a member in his home Member

State or the judicial authority before which he is entitled to practise

pursuant to the laws of his home Member State.

(3) The designated authority may also require a legal

professional practising under his home-country professional title to

include a reference to his registration with the competent authority

in that state.

(1) A legal professional practising under his home-country

professional title in Malta may, at any time, apply to have his

degree recognised in accordance with Part One of the Mutual

Recognition of Professional Education and Training Regulations,

with a view to gaining admission to the legal profession in Malta

and practising it under the professional title corresponding to the

profession in Malta and shall not start to so practice before he has

obtained such recognition.

(2) A legal professional practising under his home-country

professional title who has effectively and regularly pursued for a

period of at least three years an activity in Malta in Maltese law

shall, with a view to gaining admission to the legal profession in

Malta, be exempted by the designated authority from the conditions

set out in regulation 9(2) of the Mutual Recognition of Professional

Education and Training Regulations.

(3) It shall be for the legal professional concerned to furnish

the designated authority with proof of such effective regular pursuit

for a period of at least three years of an activity in Maltese law. To

that end

(a) the legal professional shall provide the designated

authority with any relevant information and

documentation, notably on the number of matters he

has dealt with and their nature;

(b) the designated authority may verify the effective and

regular nature of the activity pursued and may, if need

be, request the legal professional to provide, orally or

in writing, clarification of, or further details on, the

information and documentation mentioned in

paragraph (a).

(4) When an exemption in accordance with subregulations (2)

and (3) is not granted, the designated authority shall state the

reasons for such refusal and the decision shall be subject to appeal

before the Mutual Recognition of Qualifications Appeal Board

established under article 7 of the Mutual Recognition of

Qualifications Act.

(5) A legal professional practising under his home-country

professional title who has effectively and regularly pursued a

professional activity in Malta for a period of at least three years but

for a lesser period in Maltese law may obtain from the designated

authority admission to the legal profession in Malta and the right to

practise it under the professional title corresponding to the

profession in Malta without having to meet the conditions referred

to in regulation 9(2) of the Mutual Recognition of Professional

Education and Training Regulations, under the conditions and in

accordance with the procedures set out below

(a) The designated authority shall take into account the

effective and regular professional activity pursued

during the above-mentioned period and any knowledge

and professional experience of Maltese law, and any

attendance at lectures or seminars on Maltese law,

including the rules regulating professional practice and

conduct.

(b) The legal professional shall provide the designated

authority with any relevant information and

documentation, in particular on the matters he has

dealt with. Assessment of the legal professional's

effective and regular activity in Malta and assessment

of his capacity to continue the activity he has pursued

shall be carried out by means of an interview with the

designated authority in order to verify the regular and

effective nature of the activity pursued.

(6) When an authorisation in accordance with sub-regulation

(5) is not granted, the designated authority shall state the reasons

for such refusal, and the decision shall be subject to appeal before

the Mutual Recognition of Qualifications Appeals Board

established under article 7 of the Mutual Recognition of

Qualifications Act.

(7) The designated authority may, by reasoned decision subject

to appeal before the Mutual Recognition of Qualifications Appeals

Board established by article 7 of the Mutual Recognition of

Qualifications Act, refuse to allow the legal professional the

benefit of the provisions of this Regulation if it considers that this

would be against public policy, in particular because of disciplinary

proceedings, complaints or incidents of any kind.

(8) The designated authority entrusted with consideration of

the application shall preserve the confidentiality of any information

received.

(9) A legal professional who gains admission to the legal

profession in Malta in accordance with subregulations (1) to (6) of

this regulation shall be entitled to use his home-country

professional title, expressed in the official language or one of the

official languages of his home Member State, alongside the

professional title corresponding to the legal profession in Malta.

(1) A legal professional practising under his home-country

professional title carries on the same professional activities as a

legal professional practising under the relevant professional title

used in Malta and may, inter alia, give advice on the law of his

home Member State, on international law and on the law in Malta.

He shall in any event comply with the rules of procedure applicable

in the Maltese courts.

(2) Legal professionals whether practising under a home-

country professional title or under the relevant professional title

shall not practise as a Notary Public in Malta.

(3) For the pursuit of activities relating to the representation or

defence of a client in legal proceedings and insofar as the law in

Malta reserves such activities to legal professionals practising

under the relevant professional title, the designated authority shall

require legal professionals practising under their home-country

professional titles to work in conjunction with legal professionals

who practise before the Maltese Courts and who would, where

necessary, be answerable to such courts.

Irrespective of the rules of professional conduct to which

he is subject in his home Member State, a legal professional

practising under his home-country professional title shall be

subject to the same rules of professional conduct as legal

professionals practising under the relevant professional title in

respect of all the activities he pursues in Malta.

(1) In the event of failure by a legal professional practising

under his home-country professional title to fulfil the obligations in

force in Malta, the rules of procedure, penalties and remedies

provided for in Malta shall apply.

(2) Before initiating disciplinary proceedings against a legal

professional practising under his home-country professional title,

the Commission shall inform the competent authority in the home

Member State as soon as possible, furnishing it with all the relevant

details.

(3) Subregulation (2) shall apply mutatis mutandis where

disciplinary proceedings are initiated by the competent authority of

the home Member State, which shall inform the Commission

accordingly.

(4) Without prejudice to its decision-making power, the

Commission shall to-operate throughout the disciplinary

proceedings with the competent authority in the home Member

State. In particular, the Commission shall take the measures

necessary to ensure that the competent authority in the home

Member State can make submissions to the bodies responsible for

hearing any appeal.

(5) The competent authority in the home Member State shall

decide what action to take, under its own procedural and

substantive rules, in the light of a decision of the Commission

concerning a legal professional practising under his home-country

professional title.

(6) Although it is not a prerequisite for the decision of the

Commission, the temporary or permanent withdrawal by the

competent authority in the home Member State of the authorisation

to practise the profession shall automatically lead to the legal

p r o C e s s i o n a l co n c e r n e d b e i n g t e m p o r a r i l y o r p e r m a n e n t l y

prohibited from practising under his home-country professional

title in Malta.

A legal professional registered in Malta under his home-

country professional title may practise as a salaried legal

professional in the employ of another legal professional, an

association or firm of legal professionals, or a public or private

enterprise to the extent that the designated authority so permits for

legal professionals registered under the professional title used in

Malta.

(1) The designated authority shall consider an application

as soon as it is reasonably practicable, and shall notify the

applicant of its decision together with the reasons upon which it is

based provided that such condideration shall be limited to a

verification of the applicant’s qualifications.

(2) A remedy for the applicant shall be available against such

decision before the Mutual Recognition of Qualifications Appeals

Board established under article 7 of the Mutual Recognition of

Qualifications Act.

(1) In order to facilitate the application of these

regulations and to prevent these provisions from being misapplied

for the sole purpose of circumventing the rules applicable in Malta,

the designated and the counterpart authority and the counterpart

body in the home Member State shall collaborate closely and afford

each other mutual assistance.

(2) Both authorities mentioned in subregulation (1) shall

preserve the confidentiality of the information they exchange.

MUTUAL RECOGNITION OF QUALIFICATIONS

OF LEGAL PROFESSION