Recognition, based on the examination, of the professional qualification of legal advisor of the citizens of the EU Member States or belonging to the European Economic Area or the Swiss Confederation in order to admit and practice it in Romania
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Purpose of the procedure: The procedure is intended for the recognition of the professional qualification of legal advisor obtained in a third country and registration with the Ministry of Justice, for the purpose of practicing, in a settlement regime in Romania - the host state - the professional activity.
Beneficiaries of the procedure: citizens of an EU member state or belonging to the EEA or the Swiss Confederation who wish to practice the profession of legal advisor, in a settlement regime, and who prove that they meet the requirements below.
Submission of request
- electronic means
· via email, to the email address dsc@just.ro
· via the Single Electronic Contact Point platform
- via mail/courier (it is not necessary to indicate a contact person);
- personally/through a delegated person (presentation of a power of attorney is not required) - at the registry of the Ministry of Justice.
Document submission schedule: https://www.just.ro/
Procedure steps
I. Evaluation stage:
-verification of fulfillment of legal conditions for recognition of professional qualification – 20 working days from the date of submission of the request;
-challenging the results of verifying the conditions for recognition – 3 working days from the communication of results;
-resolution of challenges – 5 working days from the expiration of the challenge submission deadline;
II. Completion of the 3-year internship in the field of Romanian law by the applicant and submission to the Ministry of Justice of proof of its effective completion
OR
II. Taking the professional knowledge verification exam, which consists of a written assessment, in the form of a multiple-choice test from the following fields: civil law, criminal law, civil procedural law, criminal procedural law, administrative law, labor law, and commercial law.
III. Issuing of the order of the Minister of Justice granting the right to practice the profession of legal advisor – communicated within 15 days from issuance, in the manner indicated in the request
Linguistic competences - The evaluation of linguistic knowledge is not part of the recognition procedure. If there are serious and concrete doubts about the degree of language knowledge of the professional regarding the activity as a legal advisor, checking the Romanian language knowledge necessary for practicing the profession in Romania can only be carried out after the recognition of the professional qualification.
Documents issued in a third country
Official documents issued in a third country must be apostilled or, as the case may be, legalized, except in cases where the requirement has been waived by international conventions. Additional information here: https://cnred.edu.ro/ro/lista-statelor-pentru-care-se-solicit%C4%83-apostilarea-sau-supralegalizarea.
Translation of official documents issued abroad
Official documents issued abroad must be submitted as photocopies and accompanied by a translation, without the need for it to be legalized. If, according to the requirements below, legalization of the translation is also necessary, the translation is performed by an authorized interpreter and translator in Romania, whose signature is legalized by a public notary or the diplomatic mission or consular office of Romania abroad. Translations made by official translators from other EU member states, EEA or the Swiss Confederation are also accepted. If the document issued in an EU member state refers to birth, marriage, domicile, residence or criminal record, the translation is replaced by the standard multilingual translation aid form, issued according to Regulation (EU) no. 2016/1191. Additional information here.
Fee - If the applicant opts for the completion of the 3-year internship in Romanian law, a judicial stamp fee of 20 lei is paid for processing the request. The judicial stamp fee is paid to the local budget account of the administrative-territorial unit in Romania where the applicant has domicile/residence (mayor's office). If the applicant has neither domicile nor residence in Romania, the fee is paid to the account of Sector 5 City Hall, Bucharest. To find out the account to make the payment, you may contact the competent Local Tax and Fees Directorate. Payment may be made in cash / by wire transfer / online system (including on www.ghiseul.ro), at the City Hall, banking units, CEC, State Treasury or at Romanian Post, but only to the local budget account of the mayor's office mentioned above. The receipt must bear the mention "judicial stamp fee professional qualification recognition legal advisor". The judicial stamp fee is not refunded if, following verification of the request and supporting documents attached, the conditions for recognizing the professional qualification are not met.
If the applicant opts for taking the professional knowledge verification exam, the judicial stamp fee previously mentioned is not paid, but an examination fee, which is established later by the order of the Minister of Justice regarding the organization of the examination session.
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The decision regarding the refusal to recognize the professional qualification of legal advisor and the registration with the Ministry of Justice may be challenged by an administrative litigation request, submitted to the competent court, according to the Law on Administrative Litigation no. 554/2004, with its subsequent amendments and completions.
*Competent entities
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