ERMIS Greece : Issue of Decision of Appointment of Lawyer

Organization : Ministry of Justice, Transparency & Human Rights
Type of Facility : Issue of Decision of Appointment of Lawyer
Country: Greece

Website : ermis [dot] gov [dot] gr
Link : http://www.dsa.gr/

Issue of Decision of Appointment of Lawyer :

Description:
Practice of the profession of lawyer-rendering legal information

Related : ERMIS Greece Announcement Concerning Practice of Profession of Psychologist : www.statusin.org/10452.html

Competent Entity: MINISTRY OF JUSTICE, TRANSPARENCY AND HUMAN RIGHTS
Service Code: 6023
Processing Time :
** The estimated processing time is 30 days from the date the application was filed until its publication in the Official Government Gazette

Cost :
** 2 stamp-duties from the Jurists’Fund amoumting to 208,4 euros and 2,93 euros respectively

Legal Framework :
1)Legislative Decree 3026/1954 “on the Code for Lawyers” (Official Government Gazette 235, issue A)

2)Presidential Decree 152/2000 on “Facilitating the practice of the profession of Lawyer on a permanent basis in Greece to lawyers who obtained their professional qualification in another E.U. Member State” in accordance with Council Directive 98/5/EC (Official Government Gazette 130 issue A)

3)Presidential Decree 122/2010, on the recognition of professional qualifications of lawyers in accordance with Council Directive 2005/36/EC (Official Government Gazette 200 issue A)

Procedure :
The process of automatic search for this certificate is as follows:
a) The requesting department clearly determines the public purpose or the administrative act for which the issuance of the certificate is required.

b) The department seeking the certificate provides sufficient identifier information for the persons for which the certificate is required.

c) Within 24 hours from the submission of an application by a citizen to the public service for the handling of their case, the service sends a letter (document) for the automatic search of the certificate to the service responsible for its issuance, as set forth in paragraph 2 of Article 1 of this decision.

General Documents:
** Application
** Solemn statement
** (Obligatory Document)

Conditions:
The candidates shall have to mention in their solemn statement that they do not fall under the incompatibilities provided in articles 26, 62 and 63 of Legislative Decree 3026/1954 “on the Code for Lawyers” (Official Government Gazette 235 A’), as regards the practice of their profession.

Procedure:
Step1: Conduct of a competition

Step 2: Filing of an application and stamp-duties by the eligible candidates

Step 3: Issue of a decision of appointment

Step4: Publication of the decision in the Official Government Gazette Oath-taking in the Court of First Instance of their choice Registration in the records of the local Bar Association

Notes and Clarifications:
The Ministry limits itself to the issue of a decision of appointment of the applicant as a lawyer at the Court of First Instance of his/her choice.

This administrative procedure does not constitute the issue of a licence to practice the profession since, for the acquisition of the capacity to practice the profession of lawyer, the issue of the ministerial decision of appointment and the oath-taking procedure do not suffice; the interested party must register in the records of the local Bar Association whereby the appointment procedure is completed and his/her professional activity commences.

However, in paragraph 3 of article 6 of Law 3844/2010 it is provided that the simplification of the procedures in relation to the certificates, evidence, documents and translations does not apply to the documents and procedures provided by Council Directive 2005/36/EC as well as by Council Directive 98/5/EC and consequently does not concern the profession of lawyer

Responsible public authority for assistance / complaints: ministry of justice, transparency and human rights, department of lawyers’ function and bailiffs