Registration of salaried European lawyers

Requirements for the provision of cross-border services on an occasional or permanent basis as a salaried lawyer by attorneys-at-law qualified to practise in their own Member States .

Kulcsszavak: salaried lawyer, professional activities of a lawyer, salaried European lawyer, lawyer, bar association, holding a professional title, practising as a lawyer under the professional title, legal representative

To practise as a lawyer in Hungary as a salaried European lawyer requires:

 

To be registered, applicants shall:

  1. be entitled to practise as a lawyer in an EEA Member State,
  2. have professional indemnity insurance that is enforceable in Hungary and provides coverage for any damage or grievance caused by the professional activities of a lawyer,
  3. has an employment relationship with a lawyer who maintains premises suitable for a salaried European lawyer to perform continuous legal activities in an area in which the regional bar association operates, or a European lawyer or a law firm and,
  4. is not subject to any grounds for exclusion from performing the activities of a lawyer.

 

The application for registration with the bar association as a salaried European lawyer must be submitted to the regional bar association with territorial jurisdiction.

 

Electronic administration

Certain bar associations may put in place a mandatory form to be used in the electronic administration.

The application for the registration process of European lawyers should be done by computer, and subsequently — without any printing, signing, conversion into pdf format and electronic signature — submitted as an electronic attachment to the following address: https://epapir.gov.hu. The service is available through any authentication service offered by the Central Authentication Agent (Központi Azonosítási Ügynök), such as the Client Gate (Ügyfélkapu), by telephone authentication, or an electronic identity document.

 

The required application forms are available on the website. of the Hungarian Bar Association.

 

There is detailed information (Information) on the website of the Hungarian Bar Association (in Hungarian) with guidance on how to manage administrative matters with the bar associations.

If the regional bar association having territorial jurisdiction is the Budapest Bar Association, the application should be submitted to https://ugyvedikamara.hu, using the forms available in the following link: http://kozzetetel.bpugyvedikamara.hu/index.php/s/AcqsUS7Mo4BwHXY.

 

Commencement of activity

Failure by the bar association to make a decision within the administrative deadline does not entitle the applicant to commence or continue practising the relevant activity.

 

In Hungary, persons practising as a lawyer must be a member of the bar association, or be entered on the bar association register through one of the ways specified in the applicable Act, in order for them to practise their profession lawfully. Any activity of a lawyer provided on a regular basis and for consideration outside the foregoing scope constitutes a criminal offence.

The registration process qualifies as a bar association-related authority proceeding with an administrative deadline of thirty days.

Where an application fails to comply with the requirements set out in law, the competent authority shall call upon the applicant to remedy the deficiencies by setting a time limit and with a warning about the legal consequences of the failure to comply.

If the bar association does not adopt a decision by the administrative time limit, the applicant shall not be entitled to commence or continue the requested activity.

Within two months of being admitted to or registered with the bar association, applicants shall take an oath before the president of the regional bar association.

The following shall be attached to the application for registration with the bar association as a salaried Europea lawyer:

The fees payable by salaried European lawyers for their entry into the bar association register:

 

 

The full list of the administrative service fees to be paid for a bar association’s administrative procedures on request is available here.

The fees are payable by way of bank transfer to the account number published on the website of the bar association, or directly to the petty cash account either by cash or bankcard of the relevant bar association if such option is available.

The bank account numbers for the payment of the administrative service fee and contact details of the regional bar associations are available here.

Following the submission of an application by electronic means, the applicant immediately receives a notification with a case identification number. Upon the electronic submission of the application, the administrative service fee has to be paid at the latest on the working days following the notification of the case identification number. The identification number (‘KASZ’) or — in the absence of such a number — the name and date of birth of the applicant or the case identification number shall be indicated in the comment section of the payment order.

The presidency of the regional bar association having territorial jurisdiction will act as the relevant authority in the procedure.

The regional bar association having having territorial jurisdiction over the location of the office of the employer shall be responsible for the procedure for entry in the register of salaried European lawyers.

Appeal

An appeal lies against the first-instance decision of the presidency of the regional bar association, which shall be submitted to the authority issuing the decision within fifteen days from the date of communication thereof. The second-instance authority is the presidency of the Hungarian Bar Association.

 

Judicial remedy

The decision of the Hungarian Bar Association may be contested in an administrative court action.

 

The action shall be initiated by filing a statement of claim containing:

 

The statement of claim must include the name and seat of the plaintiff’s legal representative; if the legal representative is a law firm, the name of the lawyer involved in the case; if there are more than one legal representatives, the name, telephone and electronic contact details of the legal representative designated to be served with the official documents, and their telephone and electronic contact details..

 

The statement of claim must be accompanied by the document, or a copy of the document,

 

Initiating an action electronically

Judicial remedy against the court decision

Failure to comply with the deadline may be justified upon an application for excuse submitted within fifteen days after the expiry of the time limit.

Permanent or occasional basis

A salaried European lawyer may only practise as a lawyer on an occasional basis in Hungary if his or her activity qualifies as the provision of cross-border services as defined in the Act on the general rules of taking up and performing service activities.

In the event that the professional activities of a lawyer carried out on a continuous basis, or with an interruption not exceeding six months at a time, surpasses three years, it shall be presumed that the salaried European lawyer performs his or her professional activities as a lawyer on a permanent basis in Hungary.

 

Notification of the provision of professional services

In Hungary, a person may only practise as a salaried European lawyer permanently or on an ad hoc basis after registration with the bar association as a salaried European lawyer. Persons intending to practise as attorneys-at-law on an occasional basis in the territory of Hungary may — at their own discretion — request registration as salaried European lawyers or file a notification with the Hungarian Bar Association.

 

Rules governing the provision of professional services

European lawyers permanently performing the professional activities of a lawyer in the territory of Hungary shall, in the course of their activities, comply with the provisions of the relevant Act and the stipulations of the regulations of the bar association.

The activities of European lawyers providing temporary services with regard to legal representation shall be governed by the legislation of Hungary; any other activities by European lawyers shall be governed by the rules of their own EEA Member State applicable to performing the specific professional activities of a lawyer, and by the legislation of Hungary and stipulations of the regulations of the Hungarian Bar Association, provided that they are applicable in those cases where legal practice in the territory of Hungary is not permanent

 

Use of name

A European lawyer, when using his or her name, may only indicate the name of his or her profession as specified in the ministerial decree on the professional names of European lawyers and, furthermore, the name of the professional organisation of which he or she is a member of shall also appear in the official language of his or her own EEA Member State. The professional title shall be furnished with an explanation in Hungarian to clarify the confusion if any with the title for attorneys-at-law. A European lawyer shall not give the impression that he or she is a member of the bar association.

 

Cooperation obligation

In cases where the law prescribes mandatory legal representation, a European lawyer may only provide such representation or act as the defence attorney for a defendant in criminal proceedings if he or she has entered into a cooperation contract with a lawyer or law firm for this purpose.

In cases where the law provides for countersigning by a lawyer, a European lawyer may only contribute if, for that purpose, he has concluded a cooperation agreement with a lawyer or a law firm and the document is countersigned by a lawyer of the co-operating lawyer or law firm.

In all cases requiring mandatory legal representation in which a European lawyer acts for the first time before a court or other authority as a representative of a client or as the defence attorney of a defendant in criminal proceedings, the European lawyer shall produce a cooperation contract and, if it is not in Hungarian, shall provide a certified Hungarian translation thereof.

Upon termination of the cooperation contract, the European lawyer shall report this fact immediately in writing to the court and other authorities to which he or she had earlier verified the existence of such cooperation.

The main content elements of a cooperation contract shall be determined in the regulations of the bar association.

 

Information specified under Article 10(1)(h) and (i) of Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012

 

Failure by the public authority to respond

If the bar association fails to adopt a decision within the prescribed time limit, the applicant shall not be entitled to commence or continue the requested activity.

 

Language of the proceedings

The language of the proceedings is Hungarian; however, parties who are not familiar with the Hungarian language may request the authority to adjudicate their applications in their mother tongue or in an intermediary language, provided that they bear the costs of translation and interpretation and pay them in advance.

 

Date of preparation: 26 May 2020

 

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Act LXXVIII of 2017 on the professional activities of attorneys-at-law (in English, as in force on 1 January 2018)

Act CL of 2016 on the Code of General Administrative Procedure (in English, as in force on 1 January 2018)

Act I of 2017 on the Code of Administrative Court Procedure (in English, as in force on 1 January 2018)

Act CCXXII of 2015 on the General Rules of Electronic Administration and Trust Services

Decree No 18/2007. (III. 19.) IRM of the Minister of Justice and Law Enforcement on the professional titles of European lawyers

Decree No 16/2017. (XII. 7.) IM of the Minister of Justice on the administrative service fee payable for the regulatory procedures of the bar association

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