Temporary Provision of Advocate Services
An advocate who is a national of a member state, residing and practising as an advocate in a member state other than Cyprus, can provide, as the case may be and for a specific case or matter, services in Cyprus, in accordance with the provisions of the Advocates Law.
An advocate who is a national of a member state and provides his/her services to the Republic, on a temporary basis, for representing and defending a client before a Court, can act, following an agreement, in conjunction with an advocate practicing in the Republic who is entitled to appear before the Court handling the case.
For the purposes of the above an advocate who is a national of a member state shall be obliged to produce to the President of the Court before whom he/she shall appear, a declaration.
An advocate means any person who can pursue his/her professional activities in his/her home member state under one of the professional titles described herein the document entitled “Professional title per member state” (in the “Applications & Documents”).
Where to Declare
The declaration must be submitted directly to the competent authority:
Apellis 1, 1403 Nicosia
Tel. +357 22 889205, +357 22 889207
Fax. +357 22 667498
Which Certificates Must Be Submitted
For the purposes of representing and defending a client before a Court the following must be produced to the Legal Council either by the advocate who is a national of a Member State or by the advocate with whom he/she acts:
- documents stating his/her capacity, at least ten days prior to the provision of his/her specific service;
- information with regard to the services he/she shall provide in the Republic, their possible duration, his/her address, the Bar Association of the home Member State, the name and address of the advocate with whom he/she shall collaborate; and
- a statement of non-incompatibility or disciplinary penalties against him/her.
A special book register, in which the names of the advocates who are Member State nationals and provide services in the Republic on a temporary basis, is kept by the Chief Registrar, which is called “The Register of Member State Advocates who Provide Services”.
If from the information in the Register referred to above, there is within the same year, a systematic provision of services in the Republic, a statement must be communicated to the interested advocate under which his/her case shall be subject to the regulation of his/her right of establishment.
Legislation & Obligations
Which Laws & Regulations Apply
- Directive 2005/36/EC on the Recognition of Professional Qualifications
- Directive 2013/55/EU amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’)
- The Advocates Law (Cap. 2)
What Are My Obligations
The activities of an advocate who is a national of a Member State when representing and defending a client before the judicial or public authorities in the Republic, shall be pursued, in accordance with the terms, conditions and obligations of any kind, provided for by the legislation for persons practising as advocates in the Republic, and among others with the following:
- any person referred to above can use in the Republic of Cyprus his/her professional title, in the language or in one of the languages of his/her home Member State, with an indication of the professional organisation in which he/she belongs or the Court before which he/she practices his/her profession in accordance with the legislation of this State ;
- in the pursue of the above-mentioned activities, the existence of a residence of this advocate in the Republic or his/her enrolment, under the provisions of the basic law, in the Register of Practising Advocates, is not a requirement;
- in the pursue of the above-mentioned activities, an advocate who is a national of a Member State must adhere to the provisions of the basic law and of the Regulations or Procedure Rules issued under this Law or any other law, which govern the legal profession, with the exception of the regulations pertaining to the Advocates Pension Fund, in parallel with the obligations imposed on him in the home Member State, as long as these are not contrary to the legislation in force in the Republic;
- in the pursue of activities, in Cyprus, other than those referred to above, an advocate who is a national of a Member State is continued to be subject to the terms and provisions governing the practice of the legal profession in the home Member State, subject to abidance by the provisions of the basic law and of the regulations and Procedure Rules issued under this law governing the practice of the legal profession in the Republic, and, in particular, of those provisions which refer to the incompatibility of the pursue of the advocate’s activities and of the pursue of other activities which are foreign to him/her, to the rule of confidentiality, to professional ethics, to the restriction to represent parties with adverse interests and to advertising;
- provided that the above-mentioned provisions shall apply only as long as they may be observed by an advocate not residing in the Republic and to the extent permitted by ensuring the proper practice of the legal profession, professional dignity, and observance of the provisions on incompatibility.
Non-compliance on behalf of an advocate who is a Member State national with the obligations provided for under this Part, is subject to the provisions of Part IV of the basic law and of the Advocates (Appeals in Disciplinary Cases) Procedure Rule provided that the disciplinary penalties of the striking off of the name of the advocate from the Register of Advocates or the suspension of the licence to practice the legal profession, provided for in Article 17 of the basic law, shall be accounted for and taken as penalties of temporary or final restriction to provide services of an advocate who is a national of a Member State in the Republic.
The Disciplinary Board can request any useful information with regard to the advocate who is a national of a Member State and provides services in the Republic, by the corresponding competent authority of the home Member State and informs this authority for any decision made without affecting the confidential character of the information provided.