Practising as an Advocate under the Professional Title of another Member State
An advocate who is a national of a member state and practices as a freelance professional or as a salaried person in a law firm in a member state other than Cyprus, can pursue the activities of advocate on a permanent basis in the Republic of Cyprus, under one of the professional (home-country) titles described herein the document entitled “Professional title per member state” (in the Application & Documents); provided that he/she is enrolled in a special part of the “Registry of Practising Advocates” in Cyprus by addressing to the Legal Council.
Who is Eligible
An advocate who is a Member State citizen may practice in the Republic under his/her home-country professional title jointly:
(a) In the same manner as the profession is jointly practised by Cypriot advocates with:
- a Cypriot advocate; or
- an advocate who is a Member State national and practices the profession of an advocate.
(b) An advocate who is a Member State national and practices the legal profession permanently in that State under the professional title of the said State.
An advocate who is a Member State national and practices under the conditions referred to above shall inform the Chief Registrar of the names and addresses of the advocates with whom he jointly practices the profession.
Notably, an advocate practising under his/her home-country title, who has effectively and regularly pursued the profession for a period of at least three years in the Republic of Cyprus, according to Cyprus law and Community law, may gain full admission to the profession of advocate in the Republic of Cyprus after the approval of the Legal Council.
Where to Apply
The application for the Registration as a Lawyer by Member State Advocates to the Legal Council, must be submitted directly to the competent authority:
1, Apellis Street, 1403 Nicosia
Tel. +357 22 889205, +357 22 889207
Fax. +357 22 667498
Email: email@example.com, firstname.lastname@example.org
Which Certificates must be Submitted
The application must be accompanied by the following documents:
- Certificate proving Member State citizenship;
- Certificate of enrolment in a Register of the Competent authority of the home member state(the issuance date does not exceed three months prior to its submission);
- Statement that the advocate continues to pursue his activities and that his licence has not been suspended or cancelled for any reason (the issuance date does not exceed three months prior to its submission);
- Letter/certificate from the Law Firm in Cyprus, with which he/she corporate, saying that you exercise your profession collectively with their firm, in accordance with Article 14P of the Advocates’ Law 180 (I)/2002.
Notably, the professional title must be clearly stated in one of the official languages of the member state of origin.
Fees Applicable & How to Pay
There are no fees applicable.
The applicant is informed regarding the authorization decision within three months by the Legal Council from the date the application form and supporting documents were dully submitted. Thereon, the applicant is enrolled in a special part of the “Registry of Practicing Advocates” in Cyprus. Following the enrolment, , the advocate must become member of the Cyprus Bar Association as well as of the local Bar Association and must participate in their meetings with a voting right in the election of the various bodies.
Upon the completion of three years, in order to obtain licence for a permanent practice in the Republic of Cyprus, the advocate must submit the application for the issue of the annual licence to the Legal Council, along with proof of such professional activity for Cyprus law. The Legal Council shall decide on the application, which may verify the effective and regular nature of the activity pursued and may, if need be, request the advocate to provide, orally or in writing, further clarification or details on the information and documentation submitted.
Finally, in case an advocate proves that he has effectively and regularly pursued a professional activity in the Republic for a period of at least three years, but for a lesser period in Cyprus law, he may apply from the Legal Council admission to become equivalent as an advocate and gain full admission to the profession of advocate in the Republic. The Legal Council will decide on the application.
Licence Validity Period
Does not apply.
Dispute with the Competent Authority's Decision
How to File an Administrative Action
Administrative Action Against a Competent Authority’s Decision
Any person may file an Administrative Action at the Administrative court against a decision, act or omission of any competent authority or body.
Pursuant to Article 146 of the Constitution, an Administrative Action may be lodged within 75 days from the date of the decision or act or omission or from the day when such decision or act or omission was notified to the applicant.
The Administrative Court acts as a cassation Court and not as a substantive Court. In other words, the Administrative Court may:
I. Dismiss the Administrative Action
II. Annul wholly or partially the contested decision or act
III. Compel the relevant authority or body to take a certain action
After a decision is annulled, the authority and/or public body must reverse things back to the state prior to when the concerned decision and/or act was executed and re-examine.
How to Appeal
An Appeal may be filed against the Administrative Court’s first-instance decision within a period of 42 days from the date such decision was given.
At the Supreme Court (Court of Appeal Section) hearing, the contested issue of the appeal remains the legality of the decision or act already adjudicated for. However, such revision of the legality of the decision or act is solely examined on the matters and the extent that the two parties have limited the reasons in the relevant notice of appeal.
The decision adopted by the Supreme Court is considered final in relation to the matter that has been judged.
Legislation & Obligations
Which Laws and Regulations Apply
What are my Obligations
Irrespective of the rules of professional conduct and ethics to which he is subject in his home Member State, the advocate shall be subject to the provisions of the basic law and of the regulations or procedure rules issued under the Advocates Law or any other law which govern the legal profession, in particular, to those provisions referred to the incompatibility of other activities foreign to him, the rule of confidentiality, professional ethics, the prohibition to represent parties with adverse interests and advertising.
A Member State Citizen practices in the Republic of Cyprus under his home-country professional title, the advocate may employ the name of the grouping to which he belongs in his home Member State. Towards this end, the competent authority in the Republic of Cyprus and the corresponding competent authority in the home Member State shall collaborate and exchange information and documents by preserving confidentiality in their communication.
The failure by an advocate practicing under his home-country professional title to fulfill the obligations of the basic law and of the regulations or procedure rules issued under this or other laws, shall form a disciplinary offence. Before initiating disciplinary proceedings against an advocate practicing under the home-country professional title, the Disciplinary Board shall inform the competent authority in the home Member State accordingly as soon as possible, furnishing it with all the relevant details.
The Disciplinary Board shall cooperate throughout the disciplinary proceedings with the competent authority in the home Member State and shall take the necessary measures to ensure that the competent authority in the home Member State can present its arguments before the Disciplinary Board.