EU-advocates

 

Admission to the Netherlands Bar / Establishment of a practice in the Netherlands / Service providor
EU-advocates should pay attention to three European directives: Directive 77/249/EEC, the so-called Services Directive, Directive 89/48/EC or Diploma Directive, implemented in the Netherlands by the Recognition of EC Higher Education Diplomas Act, and Directive 98/5/EC or Establishment Directive, implemented in the Act on Advocates on 4 September 2002.

On basis of the Diploma Directive a fully qualified lawyer from one of the EU-countries can be admitted to the Netherlands Bar after having passed a supplementary exam (the Aptitude Test). By invoking the Establishment Directive an EU-advocate can practice in the Netherlands “under his home-title” without having to take any exam. In that case he is not admitted to the Netherlands Bar, but just registered with the local Bar. This means that he has to comply with both his ‘home’ regulations and the Dutch or host regulations (the so-called double deontology).
After three years of practising as an EU-advocate under home-title and having fulfilled certain requirements it is possible to request admittance to the Netherlands Bar.

An EU-advocate who had passed the Aptitude Test can practise as a procurator. An EU-advocate practising under home-title cannot practise as a procurator.

Both situations are described in the following documents.

Information regarding EU-advocates