EU (NON-MALTESE) LEGAL PROFESSIONALS WISHING TO PRACTISE IN MALTA
Non-Maltese Legal Professionals from countries in the European Union, wishing to practise their legal profession in Malta, will be required to register with the local competent authority – the Ministry of Justice, Culture and Local Government. Such registration will involve the recognition of academic qualifications of the foreign applicants, as well as verification of adherence to the regulation of warrant/registration to practice as a lawyer in the home country. Registration will entitle them to practice as lawyers in Malta under their home country professional title.
Should such professionals wish full integration in the legal profession of Malta, they would have to apply for a local warrant.
The provision of services by lawyers in a Member State other than in their home State is regulated through a number of directives.
(2010, Vella Cardona, M.,The Free Movement of Lawyers in the European Union, pg 4)
Further information about the process of application is indicated hereunder:
Any foreign legal professional must first register in Malta. Registration is carried out by filling the application form.
Foreign legal professionals from the EU will be entitled to practise their profession in Malta, under the legal title obtained by the qualification in their country of origin as indicated in the official Certificate of Registration, but not in the Courts of Justice.
As indicated in Application for Registration form, applicants would have to provide copies of:
- birth certificate;
- identification document/passport;
- a certified copy of their qualification;
- an apposite certificate issued by the Competent Authority of the Member State in which the qualification has been obtained;
- a certificate of good conduct;
- a certificate attesting to registration/warrant with the competent authority of the Member State concerned
APPLICATION FOR A WARRANT
Applicants wishing to gain full integration in the legal profession in Malta (i.e. applying for a local warrant) which would entitle them to practise their profession in the Courts of Justice, should (following registration) proceed with the second step in the process by filling another application for inclusion into the legal profession of Malta.
To be eligible, an applicant should have practised law in Malta for a period of at least three years, including experience in Maltese law. Information on such practice, including a letter of practice from the employer/referee should be annexed to the application form. When filling in such a form, the applicant should provide details of his/her employer(s) and the dates of practice.
S/he should also provide an evaluation report on the equivalence of his/her legal qualifications, a copy of his/her identity document/passport and a certificate of good conduct.
Subsequent to submitting his/her application, the EU legal professional would be invited to attend an interview in order to assess his/her competence to be allowed to enter in the process leading to the award of a local warrant, in which case s/he is included in the examination process leading to the award of such warrant.
The above-indicated forms (both for registration and for applying for a local warrant) can be obtained from and should be returned to the Justice Unit within the Ministry for Justice, Culture and Local Government.
Applications should be sent to:
MINISTRY FOR JUSTICE, CULTURE AND LOCAL GOVERNMENT
Chateau De La Ville,
21, Archbishop Street,
The Malta Qualifications Recognition Information Centre is the competent body that recognises qualifications through the Malta Qualifications Framework . It provides recognition and comparability of both academic and vocational qualifications; more information may be found on the website http://www.ncfhe.org.mt/content/home-malta-qualifications-recognition-information-centre/52002817/
- Legal Notice 273 of 2002, as amended by Legal Notices 55, 170 and 248 of 2004 – Mutual Recognition of Qualifications of Legal Profession Regulations.
- Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services.
- Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of a lawyer on a permanent basis in a Member State other than that in which the qualification is obtained.