Legal tip 306. European lawyers working in Spain: requisites
Wednesday, June 23, 2010 @ 3:10 PM
At present moment, if we compare what other EU countries require from their law graduates to allow them to work as lawyers, we can see that in Spain it doesn’t work in our favour. A law graduate from any EU country can work as a lawyer in Spain with their law degree endorsed by the Ministry of Education and Culture and after having completed certain aptitude tests which are not regulated by any specific standard and are overseen by each individual Bar Association.
Neither internships nor the joining of Legal Practice Schools are compulsory for european lawyers to be able to practice law in Spain. However, a graduate of law from a University in Spain who wishes to further their career in any other European country will be subject to a series of tests and periods of internship.
In Spain today the only requirement is to be in possession of a law degree and to be registered with a Bar Association. Incorporation into Spanish law of Act 98/5/CE took place by Royal Decree 936/2001 on the 3rd August which regulates the permanent practice in Spain of lawyers who have acquired their qualification in another member state of the European Union. This allows those lawyers with a professional qualification from their country of origin who have requested registration with a Bar Association to practice law in Spain. They will be subject to the same conditions and obligations as lawyers who have Spanish qualifications who are carrying out the same professional activity.
However, next year a new law, 34/2006 of the 30th October, comes into effect which will regulate the entry into the professions of lawyer and solicitor, published in the Official State Bulletin (BOE) of the 31st October, 2006 which comes into effect 5 years after its promulgation. This states that the graduate must pass a training period and an exam in order to be able to work in the legal profession.
The regulation of entry into the legal profession is based on two requirements: the completion of a practical course and a successful result in a final assessment which confirms the minimum knowledge requirements.
International Law fims formed by lawyers of every european country.... what a dream!
By Jesús Castro and María L. de Castro
Translation and edition assistant: Rachael Harrison
Sunrising in La Linea, border town to Gibraltar