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:
- Acte relatif aux conditions d'adhésion à l'Union européenne de la République tchèque, de la République d'Estonie, de la République de Chypre, de la République de Lettonie, de la République de Lituanie, de la République de Hongrie, de la République de Malte, de la République de Pologne, de la République de Slovénie et de la République slovaque, et aux adaptations des traités sur lesquels est fondée l'Union européenne - Annexe II: Liste visée à l'article 20 de l'acte d'adhésion - 2. Libre circulation des personnes - C. Reconnaissance mutuelle des qualifications professionnelles - II. Professions juridiques - detail
- Directive 2013/25/UE du Conseil du 13 mai 2013 portant adaptation de certaines directives dans le domaine du droit d'établissement et de la libre prestation de services, du fait de l'adhésion de la République de Croatie - 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