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 advisor acquired in a third state and registration with the Ministry of Justice, for the purpose of providing, under the regime of establishment in Romania - the host state - 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 advisor, under the regime of establishment, and who prove they meet the requirements below.
Submitting the application
- electronic means
· through email, at the address dsc@just.ro
· through the Single Electronic Contact Point platform
- through mail/courier (it is not necessary to indicate a contact person);
- personally/through a delegated person (it is not necessary to present a power of attorney) - at the registry of the Ministry of Justice.
Document submission schedule: https://www.just.ro/
Procedure steps
I. Evaluation stage:
-verification of fulfillment of the legal conditions for recognition of the professional qualification – 20 working days from the date of submission of the application;
-appealing the results of the verification of recognition conditions – 3 working days from the communication of the results;
-resolution of appeals – 5 working days from the expiry of the appeal submission deadline;
II. Completing a 3-year internship in Romanian law by the applicant and submitting proof of actual completion to the Ministry of Justice
OR
II. Sitting the professional knowledge verification exam, which consists of a written evaluation, in the form of a multiple-choice test from the following fields: civil law, criminal law, civil procedure law, criminal procedure law, administrative law, labor law, and commercial law.
III. Issuing the order of the Minister of Justice granting the right to practice the profession of legal advisor – communicated within 15 days from issuance, in the manner indicated in the application
Language skills - The assessment of language knowledge is not part of the recognition procedure. If there are serious and concrete doubts about the professional’s knowledge of the language regarding the professional activity of a legal advisor, verification of Romanian language knowledge required for practicing the profession in Romania may be carried out only after the recognition of the professional qualification.
Documents issued in a third state
Official documents issued in a third state must be apostilled or, as appropriate, superlegalized, except in cases where the requirement has been removed by international conventions. More 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 are submitted as photocopies and must be accompanied by a translation, legalization not being required. If, according to the requirements below, legalization of the translation is necessary, the translation is performed by an interpreter and translator authorized in Romania, whose signature is legalized by a public notary or the diplomatic mission or consular office of Romania abroad. Translations performed by official translators in other EU member states, EEA, or the Swiss Confederation 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 as a translation aid, issued according to Regulation (EU) No. 2016/1191. More information here.
Fee - If the applicant opts to complete the 3-year internship in Romanian law, a judicial stamp fee of 20 lei is paid for processing the application. The judicial stamp fee is paid to the local budget account of the administrative-territorial unit in Romania where the applicant has domicile/residence (city hall). If the applicant has neither domicile nor residence in Romania, the fee is paid to the account of Sector 5 City Hall, Bucharest. To find the payment account, you can contact the competent Directorate of Taxes and Local Fees. Payment can be made in cash/bank transfer/online (including at www.ghiseul.ro), at the City Hall, banking units, CEC, State Treasury, or Romanian Post, but only to the local budget account of the city hall mentioned above. The receipt must state "judicial stamp fee for recognition of legal advisor qualification". The judicial stamp fee is not refunded if, after checking the application and attached supporting documents, the conditions for recognition of the professional qualification are not met.
If the applicant opts for sitting the professional knowledge verification exam, the judicial stamp fee shown above is not paid, but the examination fee, which will be subsequently set by the 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 advisor and registration with the Ministry of Justice may be challenged by a request in administrative litigation, submitted to the competent court, according to the Administrative Litigation Law no. 554/2004, with subsequent amendments and additions.
*Competent entities
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