The Gazette 1993

APRIL 1993

GAZETTE

Acquisition of the German Title "Rechtsanwalt" by Irish Lawyers

general impression left by the applicant's achievements in both the written and the oral examination. 12

lawyers. 6 On the applicant's request, he may be discharged from the obligation to take up residence in Germany and hold a lawyer's office there, thus pursuing his profession under his double qualification in Ireland only. 7 The compulsory subjects are: Zivilrecht (civil law) - general part of the BGB (German Civil Code), Schuldrecht (law of obligations), Sachenrecht (law of property) - Verfahrensrecht (law of procedure, belonging to the above-stated) and Berufsrecht der Rechtsanwálte (law of profession as related to lawyers). 8 The elective subjects consist of two groups: group 1 includes Óffentliches Recht (public law) and Strafrecht (criminal law), group 2 includes Familien- und Erbrecht (family law and law of succession), Handelsrecht (commercial law), Arbeitsrecht (labour law), Óffentliches Recht and Strafrecht . 9 The applicant names one subject out of group 1 and another subject out of group 2. He shall not be allowed to choose the same subject from both groups (such as Óffentliches Recht). The applicant decides on one of the two chosen subjects, which will then be the subject of the second test paper. 2. Oral examination, examination results Having passed at least one of the test papers, the applicant is admitted to the oral examination. 10 At the beginning of this examination the candidate gives a fifteen minute lecture, which is followed by an examining discussion lasting 45 minutes at the longest. 11 Following the oral examination, the board of examiners decides on whether or not the applicant has passed the examination on the basis of the 1. Written Examination

by Alexander Frhr. von Fiirstenberg/Dr. Axel Grannemann Lawyers in Freiburg im Breisgau (Federal Republic of Germany) The completion of the single European market on January 1, 1993, has opened up new vocational prospects to the professions of legal advice, tax advice, and auditing in the Member States of the European Community (EC). The following article describes hów to acquire the title "Rechtsanwalt" in the Federal Republic of Germany, and it gives a general account of the professional prospects resulting from the double qualification "Lawyer 1 and Rechtsanwalt." The first aptitude tests for the licensing of lawyers in Germany took place in 1991- and 1992. The Federal Republic of Germany established the legal foundations by implementing the EC Council Directive on general regulations to acknowledge university degrees concluding an education of at least three years. 2 Lawyers find them in the Eignungspriifungsgesetz (statute of aptitude tests) of July 6, 1990. 3 The aptitude test consists of a written part and an oral part. It has to be taken in German. The written part consists of two test papers written under supervision, at least one of which has to be passed for admission to the oral examination. 4 H- Aptitude test for lawyers The aptitude test serves the purpose of judging whether the applicant is qualified to practise the lawyer's Profession in the Federal Republic of Germany. Whoever passes the test may apply for admission to practise as a lawyer. He may then use the title "Rechtsanwalt" besides the title "lawyer" in both Germany and Ireland, 5 thus attaining all of the rights and obligations of German I. Legal foundations

3. Level of the examination

The EC Council Directive proceeds on the assumption that university degrees in the Member States as well as diplomas from non-member countries acknowledged by the Member States are, in principle, of the same standard. The aptitude test is meant to facilitate the admission in another Member State instead of impeding it. It has to take into account that the applicant is already qualified to practise as a lawyer in his home country. 13 The board of examiners is made up so as to ensure a clear majority of lawyers among its members. The subject of the examination must relate to the occupational practice of a lawyer. Drafts of judgments or of bills of indictment may not be demanded. As a rule, a lawyer's pleading in judicial proceedings or an administrative procedure or an expert opinion from the advisory practice or a draft contract tend to be subjects of the examination. 14 The application for admission to the examination has to be directed to the examination office for the second legal state examination (Prufungsamt, zustándig fiir die zweite juristische Staatspriifung). 15 The DAV (Deutscher Anwaltsverein) (German Law Society) will be glad to supply applicants with further information on competent offices in Germany. At present, the dates for the examinations are still at the applicants' disposal. The examination may be repeated. 4. Applying for admission to the examination

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