national Authority.
Provided that nationals of the Contracting Parties
engaged in the lawful pursuit of their profession in
the territory of any Party may be called into the
territory of any other Party by one of their colleagues
for the purpose of lending assistance n a particular
case.
(b)
Replies
BELOIUM
(a) LEGAL PROFESSION
The occasional professional activity by foreign law-
yers is authorised under constant practice.
There is as a rule no restriction on the giving of legal
advice provided that the title of
avocat
at a Belgian
Bar is not used and that the advice is given in a proper
manner.
With regard to representation in Court, custom has
established the following rules :
(1) A foreign lawyer must be introduced by his pro-
fessional authorities and present himself to the Presi-
dent of the Bar at the Court which is to hear the case
for which he is counsel;
(2) Accompanied by the President or his deputy, he
is presented to the presiding judge of the chamber
before which he wishes to appear;
(3) Only lawyers from countries in which the right to
plead is granted on conditions similar to those governing
Belgian lawyers enjoy the same right, on a reciprocal
basis, in Belgium;
(b) MEDICAL PROFESSION
Belgian administrative practice allows foreign doctors
to exercise their profession temporarily, without prior
authorisation, provided that they have been called in
for consultation by a Belgian doctor.
DENMARK
(a) LEOAL PROFESSION
Danish law does not prevent a foreign lawyer from
assisting a Danish lawyer in a particular case, at the
latter's request, in both civil and criminal proceedings.
Only Danish lawyers may appear in Court as counsel
for the parties (Section 260 (1) of the Administration
of Justice Act); a foreign lawyer may, however, assist a
Danish counsel in a civil case.
FEDERAL REPUBLIC OF GERMANY
(a) LEOAL PROFESSION
Under German law, foreign lawyers may practise
their profession to a limited extent.
Foreign lawyers may give legal advice, in the cases
provided for under paragraph 2, Article 15, of the
European Convention on Establishment.
In civil cases, where the party must be represented
by a lawyer admitted to the Court dealing with the
case (requirement to take counsel as prescribed in para-
graph 78 of the Code of Civil Procedure), a foreign
lawyer is allowed to speak in the presence of a German
lawyer during the oral proceedings.
In criminal cases, a foreign lawyer may assist a Ger-
man lawyer or a professor of law with the Court's per-
mission (paragraph 138 (2) of the Code of Criminal
Procedure).
IRELAND
(a) LEGAL PROFESSION
There is nothing to prevent a national of a Contract-
ing Party who is a member of the legal profession from
giving assistance in a particular case to an Irish
colleague.
The Convention is not interpreted as requiring that
a lawyer from another Contracting Party should be
free to represent a client before the Irish Courts, or to
take instructions for the drawing up of, or to draw up,
documents relating to legal or personal estate, to the
taking of proceedings, or to apply for or oppose a grant
of probate or letters of administration. These functions
are exclusively reserved to barristers and solicitors who
have been admitted to the respective branches of their
professions in Ireland.
(b) MEDICAL PROFESSION
A member of the medical profession who is a national
of a Contracting Party may practise medicine in Ire-
land, but if he is not fully registered in the Register of
the Medical Registration Council of Ireland he may
practise only subject to certain limitations. He may,
therefore, lend assistance to a colleague in Ireland in a
particular case, and the limitations arising from non-
registration are not such as to impose a substantial
disadvantage where the colleague is fully registered.
ITALY
(a) LEOAL PROFESSION
Nationals of the Contracting Parties, engaged in the
lawful pursuit of their profession in the territory of any
Party, may he invited to Italy by Italian lawyers to act
as consultants.
(b) MF.DICAL PROFESSION
The same rule applies to members of the medical
profession.
The assistance which aliens who are members of the
above professions may give to their Italian colleagues
should he limited to the latter.
LUXEMBOURG
(a) LEOAL PROFESSION
Foreign lawyers may, by way of an exception, be
authorised by the President of the Court to plead before
a Luxembourg Court where the client's interests or
other cogent reasons are considered to warrant such a
step. Foreign lawyers must apply for and obtain the
authorisation of the Bar Association Council and be
assisted by a Luxembourg barrister.
(b) MEDICAL PROFESSION
In practice, foreign professors of medicine may give
assistance in Luxembourg under the responsibility of a
Luxembourg doctor.
NETHERLANDS
(a) LEGAL PROFESSION
There are no statutory provisions governing the cir-
cumstances in which foreign lawyers may assist a Dutch
lawyer in the Netherlands; the question is therefore left
to the discretion of the Courts.
(b) MEDICAL PROFESSION
It is admitted that a foreign doctor may be invited
for consultation by a Dutch colleague, under the respon-
sibility of the latter.
NORWAY
(a) LEGAL PROFESSION
Norwegian law does not place any restrictions on the
right of Norwegian lawyers to seek the assistance of a
foreign lawyer in particular cases.
With the Court's permission, a foreign lawyer may
himself plead in Court, alongside a Norwegian lawver,
in both civil and criminal cases.
(b) MEDICAL PROFESSION
There are no regulations preventing foreign doctors
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