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Directive 89/48/EEC was transposed into Spanish law with general effect by Royal
Decree No 1665/1991 of 25 October 1991, with the result that lawyers qualified
in another Member State and wishing to become members of the Spanish bar have to
take an aptitude test in Spanish law. The Ministerial Order of 30 April 1996,
published in Boletín Oficial del Estado No 112 of 8 May 1996 (p. 15939), lays
down detailed rules on the recognition of lawyers' qualifications.
Under that Order, applications for recognition are to be sent to the Justice
Ministry. If the Directorate-General for Relations with the Department of
Justice grants the application, the applicant may take the aptitude test, which
is held at least once each year. The applicant may apply to the appropriate bar
for permission to follow any training that is provided for Spanish lawyers.
Where an aptitude test is required, it takes the form of a specimen case to
be solved by the applicant (in writing and with reference to legislation),
dealing with one or several of the areas covered by the Order of 30 April 1996,
corresponding to the main areas of Spanish law, to be chosen by the examination
board. The solution has to be read out to the board, which then asks questions
covering the matters involved in the specimen case, the Spanish court system and
the body of rules applicable to the profession.
In exceptional cases, the Directorate-General for Relations with the
Department of Justice may decide that the applicant's qualifications should be
recognised automatically without the need for an aptitude test, where the
applicant provides documentary evidence (academic qualifications, certificates,
diplomas, experience acquired in Spain, etc.) demonstrating satisfactory
knowledge of Spanish law.
Applicants passing the test may become members of the colegio de abogados
(Spanish bar association), entitling them to practise as abogados in Spain.
Those failing may re-sit the test at a later date. Similar arrangements exist
for access to the profession of procurador.
Foreign lawyers who are not members of the Spanish bar may provide advice on
foreign and international law without the need for any special authorization and
may collaborate with abogados, but do not have a right of audience before the
Spanish courts.
Reference documents
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Directive 77/249/EEC was transposed into Spanish law by Royal Decree No 607/1986
of 21 March 1986 (Boletín Oficial del Estado No 78 of 1 April 1986), as amended
by Royal Decree No 1062/1988 of 16 September 1988. Under those decrees, a lawyer
providing services who appears before a court or the public authorities must act
in conjunction with an abogado who is registered with the appropriate bar.
Last updated 08/08
Source: European Union
© European Communities
Reproduction is authorised.
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