Directive 98/5/EC of the European 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
- In force
- CELEX number: 31998L0005
- Official Journal: JOL_1998_077_R_0036_019
- Form: Directive
- Procedure number: 1994/0299(COD), 1994/0299/COD
- Languages:
- bg
- cs
- da
- de
- el
- en
- et
- fi
- fr
- hr
- hu
- it
- lv
- lt
- mt
- nl
- pl
- pt
- ro
- sk
- sl
- es
- sv
Dates
Date of document: - February 16, 1998
- March 14, 1998
- March 14, 1998
- Entry into force - Date pub. See Art 17
- March 14, 2000
- At the latest See Art 16
- March 14, 2000
- See Art 14
- March 14, 2008
- See Art 15
Modified by
Modified by:
- Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded - Annex II: List referred to in Article 20 of the Act of Accession - 2. Freedom of movement for persons - C. Mutual recognition of professional qualifications - II. Legal professions - detail
- Council Directive 2013/25/EU of 13 May 2013 adapting certain directives in the field of right of establishment and freedom to provide services, by reason of the accession of the Republic of Croatia - detail
Modifies
Affected by case
- Judgment of the Court (Grand Chamber), 17 July 2014. Angelo Alberto Torresi and Pierfrancesco Torresi v Consiglio dell’Ordine degli Avvocati di Macerata. Requests for a preliminary ruling from the Consiglio Nazionale Forense. Reference for a preliminary ruling — Freedom of movement for persons — Access to the profession of lawyer — Possibility of refusing registration in the Bar Council register to nationals of a Member State who have obtained their professional legal qualification in another Member State — Abuse of rights. Joined Cases C‑58/13 and C‑59/13.
- A03
- Case C-359/09: Judgment of the Court (Fourth Chamber) of 3 February 2011 (reference for a preliminary ruling from the Fővárosi Ítélőtábla (Hungary)) — Donat Cornelius Ebert v Budapesti Ügyvédi Kamara (Lawyers — Directive 89/48/EEC — Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration — Directive 98/5/EC — Practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained — Use of the professional title of the host Member State — Conditions — Registration with the Bar Association of the host Member State)
- Judgment of the Court (Grand Chamber) of 7 May 2019. Monachos Eirinaios, kata kosmon Antonios Giakoumakis tou Emmanouil v Dikigorikos Syllogos Athinon. Request for a preliminary ruling from the Symvoulio tis Epikrateias. Reference for a preliminary ruling — Directive 98/5/EC — Access to the profession of lawyer — Monk who has obtained the professional qualification of lawyer in a Member State other than the host Member State — Article 3(2) — Condition requiring registration with the competent authority of the host Member State — Certificate attesting to registration with the competent authority of the home Member State — Refusal to register — Rules of professional conduct — Incompatibility of the status of monk with practice of the profession of lawyer. Case C-431/17.
- Case C-225/09: Judgment of the Court (Fifth Chamber) of 2 December 2010 (reference for a preliminary ruling from the Giudice di pace di Cortona (Italy)) — Edyta Joanna Jakubowska v Alessandro Maneggia (European Union rules on the practice of the profession of lawyer — Directive 98/5/EC — Article 8 — Prevention of conflicts of interest — National rules prohibiting the practice of the profession of lawyer concurrently with employment as a part-time public employee — Removal from the register of lawyers)
- {AR|http://publications.europa.eu/resource/authority/fd_370/AR} 8
- Judgment of the Court (Fifth Chamber) of 2 December 2010. Edyta Joanna Jakubowska v Alessandro Maneggia. Reference for a preliminary ruling: Giudice di pace di Cortona - Italy. European Union rules on the practice of the profession of lawyer - Directive 98/5/EC - Article 8 - Prevention of conflicts of interest - National rules prohibiting the practice of the profession of lawyer concurrently with employment as a part-time public employee - Removal from the register of lawyers. Case C-225/09.
- A08
- Judgment of the Court (Grand Chamber) of 19 September 2006. Graham J. Wilson v Ordre des avocats du barreau de Luxembourg. Reference for a preliminary ruling: Cour administrative - Luxembourg. Freedom of establishment - Directive 98/5/EC - Practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained - Conditions for registration with the competent authority in the host Member State - Prior examination of knowledge of the languages of the host Member State - Remedy before a court or tribunal in accordance with domestic law. Case C-506/04.
- A03
- A09
- Judgment of the Court (Fourth Chamber) of 3 February 2011. Donat Cornelius Ebert v Budapesti Ügyvédi Kamara. Reference for a preliminary ruling: Fővárosi Ítélőtábla - Hungary. Lawyers - Directive 89/48/EEC - Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration - Directive 98/5/EC - Practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained - Use of the professional title of the host Member State - Conditions - Registration with the Bar Association of the host Member State. Case C-359/09.
- Judgment of the Court (Grand Chamber), 17 July 2014. Angelo Alberto Torresi and Pierfrancesco Torresi v Consiglio dell’Ordine degli Avvocati di Macerata. Requests for a preliminary ruling from the Consiglio Nazionale Forense. Reference for a preliminary ruling — Freedom of movement for persons — Access to the profession of lawyer — Possibility of refusing registration in the Bar Council register to nationals of a Member State who have obtained their professional legal qualification in another Member State — Abuse of rights. Joined Cases C‑58/13 and C‑59/13.
- Case C-431/17: Request for a preliminary ruling from the Symvoulio tis Epikrateias (Greece) lodged on 17 July 2017 — Monachos Eirinaios (Brother Eirinaios), lay name Antonios Giakoumakis v Dikigorikos Syllogos Athinon
- article 3
- Judgment of the Court of 7 November 2000. Grand Duchy of Luxemburg v European Parliament and Council of the European Union. Action for annulment - Freedom of establishment - Mutual recognition of diplomas - Harmonisation - Obligation to state reasons - Directive 98/5/EC - Practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was acquired. Case C-168/98.
Legal basis
- TREATY ESTABLISHING THE EUROPEAN COMMUNITY PART FIVE: INSTITUTIONS OF THE COMMUNITY TITLE I: PROVISIONS GOVERNING THE INSTITUTIONS CHAPTER 2: PROVISIONS COMMON TO SEVERAL INSTITUTIONS ARTICLE 189B
- TREATY ESTABLISHING THE EUROPEAN COMMUNITY PART THREE: COMMUNITY POLICIES TITLE III: FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL CHAPTER 2: RIGHT OF ESTABLISHMENT ARTICLE 57
- TREATY ESTABLISHING THE EUROPEAN COMMUNITY PART THREE: COMMUNITY POLICIES TITLE III: FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL CHAPTER 1: WORKERS ARTICLE 49
EuroVoc Vocabulary
- Internal market - Principles
- Lawyer
- Equivalence of diplomas
- Approximation of laws
- Self-employed activities
- EU Member State
- Approximation of laws
- Freedom to provide services
- Freedom of establishment
- Right of establishment