Notification of activities performed as a European lawyer on an ad hoc basis

Conditions for the cross-border provision of services on an ad hoc basis by persons entitled to practise as lawyers in their home Member State.

Kulcsszavak: lawyer, European lawyer, practising lawyer, bar association, holding a professional title obtained in their own Member State, cross-border provision of legal services

Persons qualified to practise as a lawyer in their home Member State may perform the activities of a lawyer on an ad hoc basis as a registered European lawyer (EU lawyer) in the territory of Hungary, under the professional title of their home Member State, as part of the cross-border provision of services.

 

Prior notification

 

European lawyers are entitled to act as a lawyer on an ad hoc basis after notifying the Hungarian Bar Association, provided that such activities correspond to the cross-border provision of services as defined in the Act on the general rules on the commencement and performance of service activities.

If European lawyers act on an ad hoc basis without having registered with the Hungarian Bar Association, they are obliged to notify the Hungarian Bar Association in writing – when first carrying out any activities – of their intention to commence such activities. Notification must be given at the latest before the commencement of any activity. In exceptional cases, if the delay in submitting the prior notification conflicts with the substantive interests of their clients, the notification must be made on the working day following the procedural act at the latest.

 

The notification must include the following information on the European lawyer:

 

  1. surname and first name,
  2. surname and first name at birth,
  3. place and date of birth, mother’s birth name,
  4. nationality,
  5. address for notification in their home EEA Member State,
  6. name of the organisation maintaining the register of lawyers in which he or she is listed, given in the official language of the home EEA Member State,
  7. registration number in the organisation specified in point f),
  8. professional title in their home EEA Member State,
  9. details of any association the European lawyer belongs to in their home EEA Member State, if applicable.

 

Electronic administration

 

European lawyers must notify the Hungarian Bar Association in writing, by electronic means, of their intention to act as a lawyer.

 

There is a bilingual form for the notification of any activities to be performed as a European lawyer on an ad hoc basis. It can be downloaded from the Hungarian Bar Association website here.

 

The notification must be completed on a computer and then submitted, without first printing, signing, converting into PDF format or using an electronic signature, as an electronic attachment at the following address: https://epapir.gov.hu. The service is available through any authentication service offered by the Central Authentication Agency (Központi Azonosítási Ügynök), such as Client Gateway (Ügyfélkapu), telephone authentication or an electronic identity document.

 

Detailed information is available in Hungarian on the website of the Hungarian Bar Association, providing assistance in the electronic administration of matters relating to bar associations.

 

The Hungarian Bar Association, as the authority supervising the provision of services, verifies that the notification obligation is complied with.

 

The Hungarian Bar Association will impose a fine if it establishes during its inspections that service providers have not provided notification of activities they are carrying out that should have been notified (including cases where service providers have not communicated any changes in the mandatory information previously communicated), and

If European lawyers act on an ad hoc basis without having registered with the Hungarian Bar Association, they are obliged to notify the Hungarian Bar Association in writing – when first carrying out any activities – of their intention to commence such activities. Notification must be given at the latest before the commencement of any activity.

In exceptional cases, if the delay in submitting the prior notification conflicts with the essential interests of the European lawyer’s clients, the notification must be made on the working day following the procedural act at the latest.

If the duration of the professional activity exceeds one year, the European lawyer must re-notify the Hungarian Bar Association each year, until the last day of the last one-year period.

The notification must be accompanied by:

The notification is free of charge.           

Hungarian Bar Association (Magyar Ügyvédi Kamara)

1055 Budapest, Szalay utca 7.

Telephone: +36-1-311-9800, +36-1-331-1773

Fax: +36-1-311-7867

Email:

muk@muknet.hu

Hungarian Bar Association

Website

Ad hoc basis

If a EU lawyer carries out professional activities on a continuous basis, or with an interruption not exceeding 6 months at a time, for a period exceeding 3 years, it shall be presumed that he or she is acting professionally as a lawyer in Hungary on a permanent basis.

 

Rules regarding the provision of ad hoc services

As regards legal representation, the activities of EU lawyers who provide temporary services,  are governed by Hungarian legislation; as for other activities, the rules governing the conduct of a lawyer in that lawyer’s own EEA Member State shall apply, as well as the provisions of Hungarian legislation and the stipulation and regulations of the Hungarian Bar Association, provided that they can be applied even in the absence of a non-permanent activity in the territory of Hungary.

If the European lawyer provides ad hoc services without having registered with the bar association, compliance with the legal requirements may be verified by the regional chamber with territorial jurisdiction over the place where the services are provided.

 

Use of names

European lawyers may only use the name specified in the Ministerial Decree on the professional names of European lawyers, and must indicate the professional organisation of which they are a member in the official language of their own EEA Member State. An explanation in Hungarian must also be added to the name of their professionif it can be confused with the Hungarian name for a lawyer. European lawyers may not create the impression that they are a member of the bar association.

 

Cooperation obligations

In cases where the legislation provides for mandatory legal representation, European lawyers may only represent or defend the accused in criminal proceedings if they conclude a cooperation agreement for this purpose with a lawyer or a law firm.

In cases where the legislation provides for countersigning, European lawyers may only participate if they conclude a cooperation agreement for this purpose with a lawyer or a law firm, and the official document is countersigned by the cooperating lawyer or a lawyer member of the cooperating law firm.

In all cases requiring mandatory legal representation, where European lawyers act before the court or any other authority for the first time as the representative of their client or, in criminal proceedings, as the defence counsel of the accused, they must present a cooperation agreement and, if that agreement is not in Hungarian, a certified Hungarian translation thereof.

If the cooperation agreement is terminated, the European lawyer must immediately send a written notification to the court and any other authority to which he or she has previously provided proof of the said cooperation.

The main elements of the cooperation agreement are specified in the relevant regulations of the bar association.

 

Registration

Anyone wishing to practise law on an ad hoc basis in the territory of Hungary may also choose to apply for registration as a registered European lawyer or a salaried European lawyer, instead of submitting a notification to the Hungarian Bar Association.

 

 

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

Act CCXXII of 2015 on the general rules of electronic administration and trust services

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

Act LXXVI of 2009 on the general rules on the commencement and performance of service activities

CIKFO