Recognition, based on the examination, of the professional qualification of legal advisor of the citizens of the EU Member States or belonging to the European Economic Area or the Swiss Confederation in order to admit and practice it in Romania
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Purpose of the procedure: The procedure is intended for the recognition of the professional qualification of legal adviser obtained in a third country and for registration with the Ministry of Justice, in order to provide, on an established basis in Romania - the host state - the professional activity.
Beneficiaries of the procedure: citizens of an EU member state or belonging to the EEA or the Swiss Confederation who wish to practice the profession of legal adviser, on an established basis, and who prove compliance with the requirements below.
Submission of application
- electronic means
· via email at dsc@just.ro
· through the Single Electronic Contact Point platform
- by mail/courier (it is not necessary to indicate a contact person);
- personally/through a delegated person (no power of attorney required) - at the Ministry of Justice registry.
Document submission schedule: https://www.just.ro/
Procedure steps
I. Evaluation stage:
-verification of the legal conditions for recognition of the professional qualification – 20 working days from the date of application submission;
-challenging the results of the conditions verification for recognition – 3 working days from the notification of the results;
-resolution of challenges – 5 working days from the expiration of the challenge submission deadline;
II. Completion of a 3-year internship in Romanian law by the applicant and submission to the Ministry of Justice of proof of its effective completion
OR
II. Sitting the professional knowledge examination, which consists of a written assessment, in the form of a multiple-choice test from the following fields: civil law, criminal law, civil procedural law, criminal procedural law, administrative law, labor law, and commercial law.
III. Issuance of the Minister of Justice’s order granting the right to practice the profession of legal adviser – is communicated within 15 days from issuance, in the manner indicated in the application
Linguistic competencies - The assessment of linguistic knowledge is not part of the recognition procedure. If there are serious and concrete doubts regarding the professional's language proficiency in terms of professional activity as a legal adviser, verification of Romanian language knowledge required to practice the profession in Romania may be carried out only after recognition of the professional qualification.
Documents issued in a third country
Official documents issued in a third country must be apostilled or, as appropriate, superlegalized, except in cases where this requirement has been waived by international conventions. Further information here: https://cnred.edu.ro/ro/lista-statelor-pentru-care-se-solicit%C4%83-apostilarea-sau-supralegalizarea.
Translation of official documents issued abroad
Official documents issued abroad must be submitted in photocopy and accompanied by a translation, without the need for its legalization. If, according to the requirements below, legalization of the translation is also required, the translation will be carried out by an interpreter and translator authorized in Romania, whose signature is legalized by a notary public or by the diplomatic mission or consular office of Romania abroad. Translations made by official translators from other EU, EEA, or Swiss Confederation member states are also accepted. If the document issued in an EU member state refers to birth, marriage, domicile, residence, or criminal record, the translation is replaced by the multilingual standard form issued under Regulation (EU) No. 2016/1191. Further information here.
Fee - In the event that the applicant opts for the completion of the 3-year internship in Romanian law, a judicial stamp tax in the amount of 20 lei is paid for processing the application. The judicial stamp tax is paid into the local budget account of the administrative-territorial unit in Romania where the applicant’s domicile/residence is located (city hall). If the applicant neither has domicile nor residence in Romania, the tax is paid into the account of the City Hall of Sector 5, Bucharest. To find the account where the payment is to be made, you may contact the relevant Local Taxes and Duties Department. Payment can be made in cash / by bank transfer / online (including on www.ghiseul.ro), at the City Hall, banking units, CEC, State Treasury, or at Romanian Post, but only to the local budget account of the aforementioned city hall. The receipt must state “judicial stamp tax for recognition of legal adviser qualification.” The judicial stamp tax is not refundable if, after verifying the application and the supporting documents attached, the conditions for recognition of the professional qualification are not met.
If the applicant opts for sitting the professional knowledge examination, the judicial stamp tax mentioned above is not paid, but instead the examination fee, which will be established later by order of the Minister of Justice regarding the organization of the examination session.
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The decision regarding the refusal to recognize the professional qualification of legal adviser and the registration with the Ministry of Justice may be challenged by an administrative litigation request, submitted to the competent court, according to the Administrative Litigation Law no. 554/2004, with subsequent amendments and completions.
*Competent entities
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