Recognition of the professional qualification of legal advisor of citizens of the EU / EEA / Swiss Confederation, following an internship in the field of Romanian law, with the purpose of admitting and practicing in Romania
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Purpose of the procedure: The procedure is intended for the recognition of the professional qualification of legal adviser obtained in a Member State of the European Union (EU) or belonging to the European Economic Area (EEA) or in the Swiss Confederation – state of origin – and registration with the Ministry of Justice, in order to provide, by way of establishment in Romania – the host state – the professional activity.
Beneficiaries of the procedure: citizens of a Member State of the EU or belonging to the EEA or the Swiss Confederation who have obtained the professional qualification of legal adviser in the state of origin and who wish to practice the profession in Romania by way of establishment.
Submission of application
- electronic means
· by e-mail, at the address dsc@just.ro
· via the Single Electronic Contact Point platform
- by post/courier (it is not necessary to indicate a contact person);
- in person/via a delegated person (no power of attorney is required) – at the registry of the Ministry of Justice.
Document submission schedule: https://www.just.ro/contact/
Procedure steps
I. Evaluation stage:
-verification of the fulfilment of legal conditions for recognition of the professional qualification – 20 working days from the date of submission of the application;
-appeal against the results of the verification of the recognition conditions – 3 working days from the communication of the results;
-settlement of appeals – 5 working days from the expiry of the appeal submission deadline;
II. Completion pipelines of a 3-year internship in Romanian law by the applicant and submission to the Ministry of Justice of proof of actual completion thereof
OR
II. Sitting the professional knowledge assessment exam, which consists of a written evaluation, in the form of a multiple-choice test in the following fields: civil law, criminal law, civil procedural law, criminal procedural law, administrative law, labor law and commercial law.
III. Issuance of the order of the Minister of Justice regarding the granting of defined professional exercise rights as legal adviser – communicated within 15 days from issuance, by the method indicated in the application
Linguistic competence – The assessment of language knowledge is not part of the recognition procedure. If there are serious and concrete doubts about the practitioner’s language proficiency regarding the professional activity as legal adviser, the verification of Romanian language skills, necessary for practicing the profession in Romania, can only be carried out after recognition aforementioned professional qualification.
Translation of official documents issued abroad
Official documents issued abroad shall be submitted in photocopy and accompanied by a translation, without the need for notarisation. If, according to the requirements below, legalisation of the translation is also required, the translation shall be done by an interpreter and translator authorised in Romania, whose signature is legalised by a notary public or by the diplomatic mission or consular office of Romania abroad. Translations performed by official translators from other EU Member States, EEA or from the Swiss Confederation are also accepted. If the document issued in a EU Member State refers to birth, marriage, domicile, residence or criminal record, the translation is replaced by the standard multilingual form as an aid for translation, issued pursuant 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 payable for the settlement of the application. The judicial stamp fee is paid into the local budget account of the administrative-territorial unit in Romania where the applicant has domicile/residence (city hall). If the applicant has neither domicile nor residence in Romania, the fee is paid into the account of Sector 5 City Hall, Bucharest. To find the account where payment is to be made, you may contact the competent Directorate of Taxes and Local Duties. Payment can be made in cash/bank transfer/online (including www.ghiseul.ro), at the worth city hall, banking units, CEC, State Treasury or at the Romanian Post, but only to the local budget account of the city hall mentioned above. The receipt must bear the statement “judicial stamp fee for legal adviser qualification recognition”. The fee is not refunded if, following verification of the application and the supporting documents attached, the conditions for professional qualification recognition are not met.
If the applicant opts for sitting the professional knowledge assessment exam, the previously mentioned judicial stamp fee is not paid, but an examination fee, which is subsequently determined by order of the Minister of Justice organizing the exam session.
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The decision regarding the refusal to recognize the professional qualification of legal adviser and the registration with the Ministry of Justice may be challenged by an application in administrative litigation, submitted to the competent court, according to the Administrative Litigation Law no. 554/2004, with subsequent amendments and completions.
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