Regulations respecting the Right of Attorneys from another EEA-State no. 896/2004
TRANSLATED FROM THE ICELANDIC
respecting the Right of Attorneys from another
EEA-State to Render Service in this Country
Introduction and Definitions
An Attorney having acquired professional rights in another EEA State may in future times render continuous Attorney?s services in this Country, both independently and as a wage-earner, under the professional title of his home country.
In the present Regulations Attorney refers to any person being a citizen in another EEA-State and entitled to work under any of the following titles:-
|In Greece||Dikhgoroq (Dikigoros)|
|In the Netherlands||Advocaat|
|In Latvia||Zvẽrvinats advokats|
|In Malta||Avukat/Prokuratur Legali|
|In Poland||Adwokat/Radca prawny|
|In Slovakia||Advokát/Komerẻcný právnik|
|In Great Britain||Advocate/Barrister/Solicitor|
|In the Czech Republic||Adokát|
In the present Regulations home country refers to a Member State where the Attorney acquired the rights to use any of the professional titles listed in para. 2 prior to commencing Attorney service in another Member State.
A group of Attorneys in the present Regulations refers to a unit, irrespective of whether or not this is a person under Laws, which is established in conformity with Laws in a Member State and where a larger number of Attorneys practise Attorney service under a joint name.
Attorney service according to the present Regulations is not based on the specialized service activities coming under Directive 77/249/EEC to facilitate Advocates utilization of the right to render service.
Work under the Professional Title of a Home Country
An Attorney intending to work in this Country in accordance with Art. 1 shall notify the Ministry of Justice that he request registration in this Country.
The notification shall be accompanied by confirmation of the Attorney?s registration with a legitimate authority in his home country. The confirmation may not be over three months old when notification is received. The Attorney shall advise in the notification of registration as to whether he belongs to a group of Attorneys in his home country and information on that group of Attorneys shall then be attached. He shall also advise the Ministry if he subsequently becomes a member of a group of Attorneys in his home country.
In case an Attorney meet the conditions for registration he shall be entered in the Ministry?s record covering EEA-Attorneys working in this Country under their home title.
The Ministry of Justice will advise the Icelandic Bar Association about the Attorneys who are entered in a record in accordance with Art. 2 and they shall be registered as members of the Icelandic Bar Association with the rights and duties attaching thereto. The Icelandic Bar Association supervises the Attorneys who are registered in accordance with the present Regulations and working in this Country. They shall work in conformity with the Codes of Practice and Ethics of Icelandic Attorneys.
The Ministry of Justice will also notify a legitimate authority in the Attorney?s home country of his recording.
An Attorney rendering service in this Country in accordance with the present Regulations under the professional title of his home country is authorized to grant legal advice concerning the judicial system of the home country, the judicial system in this Country, European Laws and International Law. He shall in all instances adhere to valid rules of procedures in this Country.
An Attorney granting service in this Country in accordance with the present Regulations may safeguard the interests of parties to Cases before a Court of Law in this Country corresponding to the Court for which he holds rights in his home country, provided that he serve at Sessions with an Attorney who has acquired Attorney?s rights in this Country and is then responsible vis-à-vis the Court of Law.
Attorneys who are registered in accordance with the present Regulations shall meet their duty to have a professional guarantee insurance either by means of insurance with an Insurance Company having an operational licence in this Country or a guarantee insurance with an Insurance Company in his home country granting at least a corresponding insurance protection to the guarantee insurance which Icelandic Attorneys shall have in accordance with Regulations on professional guarantee insurance for Attorneys.
In the course of his work under the professional title of his home country an Attorney shall specify in a clear manner his professional title in his home country in the official language of the home country. He shall also specify of which professional association in his home country he is a member and with which judicial authority there he is registered.
An Attorney who specifies the name of a group of Attorneys in his home country of which he is a member shall specify the form of firm of that group of Attorneys. He shall also specify the names of the persons belonging to the group of Attorneys who serve in this Country.
The cancellation of the registration of an Attorney practising here in accordance with Art. 2 is subject to the provisions of Art. 13 ? 17 of the Act on Attorneys as applicable. The Ministry of Justice shall advise a judicial authority in the home country about the cancellation.
The Ministry of Justice will cancel the registration of an Attorney in this Country in accordance with Art. 2 if a judicial authority in the Attorney?s home country withdraws his professional rights on a temporary or permanent basis.
The Icelandic Bar Association shall advise the Ministry of Justice of complaints which the Association?s Disciplinary Committee receive concerning the work of an Attorney practising in accordance with Art. 2. The Ministry shall advise a judicial authority in the Attorney?s home country about such complaints concerning his work. If an Attorney holding Icelandic Attorney rights is also registered as being occupied in another Member State is subject to a complaint to the Attorney?s Disciplinary Committee or if it is revealed upon supervision by the Icelandic Bar Association that he does not meet conditions for Attorney?s rights the Ministry shall notify a judicial authority in the Member State in which the Attorney is registered.
Acquisition of Icelandic Attorney Rights
An Attorney rendering service in this Country under the professional title of his home country and producing evidence before the Ministry of Justice to the effect that he has for a minimum of 3 years regularly and actively worked at the Icelandic judicial system, including EEA-Laws, shall be exempted from the conditions which are determined in clause B, para. 1 of Art. 4 of Directive 89/48/EEC, cf. Regulations on the granting of District Court Rights to Foreign Attorneys, when he seeks Attorney?s rights in this Country. In working ?regularly and in an active manner? includes working continuously and solely with the intervals which may be considered normal and customary.
A person seeking Attorney rights on the basis of the present exemption shall submit information concerning his work, data on the Cases he has attended to and the nature thereof. The Ministry of Justice is authorized to study the information and the data as to whether the work has been regular and active and may require the Attorney to furnish further explanations, both oral and written, concerning the data.
In case the Attorney does, in the opinion of the Minister of Justice, meet the condition of para. 1 the Minister will grant him the right to be a District Court Attorney and will issue a Licence for him in conformity with Art. 8 of the Act on Attorneys.
In case the Minister refuse Attorney?s right for the Attorney on the basis of his work in this Country the rejection shall be substantiated. The rejection may be referred to Courts of Law.
An Attorney rendering service under the professional title of his home country and proving to the Ministry of Justice that he has for at least 3 years regularly and in an active manner rendered Attorney?s service in this Country, but yet for a shorter period worked at the Icelandic judicial system, may be granted Attorney?s rights in this Country without his having to meet the conditions stipulated in clause B, para. 1, Art. 4 of Directive 89/48/EEC, cf. Regulations on the granting of District Court Attorney?s right for Foreign Attorneys.
A person seeking Attorney?s rights on the basis of this exemption shall submit information about his work and data on the Cases he has attended to and the nature thereof.
It shall be assessed as to whether the Attorney has regularly and in an active manner rendered the service specified in para. 1. It shall also be studied and had regard for upon the assessment to which extent the Attorney has knowledge and experience of the Icelandic judicial system as well as his participation in courses and conventions concerning the Icelandic judicial system.
An assessment as to whether the Attorney has rendered service on a regular basis and in an active manner shall be undertaken by means of an interview at the Ministry of Justice.
In case the Attorney meet the conditions of the present Article the Minister may grant him the right to be a District Court Attorney and issue a Licence for him in conformity with Art. 8 of the Act on Attorneys.
In case the Minister reject granting the Attorney rights on the basis of his work in this Country the rejection shall be substantiated. The rejection may be referred to Courts of Law.
Groups of Attorneys
Attorneys who are registered in accordance with Art. 2 may render Attorney?s service in co-operation with other Attorneys or in a group of Attorneys. Attorney?s service may be granted in association with Attorneys from the selfsame group of Attorneys or from the selfsame home country, in association with Attorneys from different Member States or Attorneys from other Member States and with Icelandic Attorneys.
The activities of groups of Attorneys are subject to the provisions of Art. 19 of the Act on Attorneys as applicable.
One or more Attorneys rendering service here in accordance with Art. 2 and coming from the selfsame group of Attorneys may in this Country work at a representative firm or branch of that group of Attorneys. In case principles concerning groups of Attorneys in a home country be incompatible within the provisions of Laws or Regulations on groups of Attorneys in this Country Icelandic provisions shall apply to the extent that these are based on national aims for the protection of customers and a third person.
Permission according to Art. 11 and 12 to render service in this Country does not extend to Attorneys working in this Country as associates in a group of Attorneys if there are parties in the group who are not Attorneys.
A group of Attorneys comes under para. 1 if it includes parties not coming under the definitions of Art. 1 and:-
1. Own the entire capital and reserves (equity) of the group of Attorneys or part thereof,
2. use the name under which the group of Attorneys work, or
3. are in control of the direction of the group.
Provisions on Penalties and Entry into Force
Those who have not obtained a professional Licence as Attorneys, cf. Art. 1, are not permitted to use the professional titles listed therein or another title which may be understood as such. The same applies to a person who has forfeited permission to serve as an Attorney or who has retired. Violations of this provision are subject to fines.
The present Regulations, being laid down in accordance with authority contained in para. 2, Art. 1 and para. 5, Art. 6 of the Act on Attorneys No. 77/1998, cf. Art. 1 and 4 of Act No. 93/2004 for the implementation of Directive No. 98/5/EEC, to which reference is made in clause 2a of Appendix VII in the Agreement on the European Economic Area as amended by the Decision of the Joint EEA Committee No. 85/2002, enter into force forthwith.
Ministry of Justice and Ecclesiastical Affairs 10 November 2004