ACT
of 5 July 2002
on the provision of legal assistance of foreign lawyers in the Polish Republic.
DIVISION I
General
Article 1 1. The Act defines the terms and conditions for the provision of legal aid in the Polish Republic by foreign lawyers.
second Legal Aid is active in the corresponding powers of lawyer and shall include in particular providing legal advice, preparing legal opinions, drafting of legislation and representation before the courts and offices.
Article 2 Used in this Act shall mean:
1) foreign lawyer - the lawyer of the European Union and a lawyer from outside the European Union,
2) lawyer from the European Union - a person who is a national of a Member State of the Union European Union, entitled to practice using one of the professional titles obtained in a Member State European Union, referred to in the list in Annex 1 of the Act,
3) lawyer outside the European Union - a person not a citizen of an EU Member State and entitled to practice using one of the professional titles referred to in paragraph 2, as well as any person who, under the professional title obtained in a non-European Union member is entitled to exercise an occupation suited - in terms of education and rights and the fundamental principles of the organization and exercise - professional lawyer or legal adviser,
4) cross-border service - single or having a temporary operation of legal aid, performed in the Polish Republic by a foreign lawyer performing the consistent practice in another state,
5) regular practice - ongoing and the systematic provision of legal assistance by a foreign lawyer in the Polish Republic,
6) home state - the state in which the foreign lawyer has obtained the right to use one of the professional titles referred to in paragraphs 2 and 3.
Article 2a. Provisions of the Act relating to lawyers from the European Union shall apply mutatis mutandis also to persons who:
1) are citizens of the Member States of the European Free Trade Association (EFTA) - parties of European Economic Area or the Swiss Confederation, authorized to practice using one of the professional titles obtained in those countries specified in the list in Annex 2 to the Act, or by using one of the professional titles obtained in the European Union Member States, as defined in list in Annex 1 to the Act;
2) are citizens of European Union Member States, authorized to practice using one of the professional titles obtained in the Member States of the European Free Trade Association (EFTA) - parties to the Agreement on the European Economic or the Swiss Confederation, as defined in the list in Annex 2 to the Act.
exercise was a practice
Article 3 On the basis of reciprocity, unless the international agreements ratified by Polish Republic, or the provisions of international organizations of which Poland is a member, otherwise, foreign lawyers are permitted to carry out constant practice under the terms of the provisions of this chapter, when you type one of the lists of foreign lawyers, led respectively by the District Bar Council or District council chambers solicitors, hereinafter "the list" .
Article 4 1. On the list maintained by the county attorney's advice is part of lawyers from the European Union wishing to provide legal assistance extent that the profession of lawyer and lawyers from outside the European Union, which entitles the professional title corresponding to practice the profession of advocate.
second On the list maintained by the county council chambers solicitors lawyers is part of the European Union wishing to provide legal assistance to the extent of professional legal counsel and lawyers from outside the European Union, which entitles the professional title corresponding to practice the profession of legal adviser.
third District attorney's advice and counsel of regional chambers of legal advisers of each year March 31 send copies carrying on its list to the Presidents of the Court of Appeals, district, administrative and right of appeal and the county prosecutors. District Bar Council shall also send a copy of the list of the Supreme Bar Council and the county council chambers solicitors - National Council of Legal Advisers. Also inform about the changes on these lists within 14 days of such changes.
Article 5 1. The list consists of two parts, which is part of lawyers from the European Union, and parts, which is part of lawyers outside the European Union.
second The list is subject to disclosure the following data for foreign lawyers: name, date and place of birth, residence, address, office professional, professional title in the home country. In addition, the list is subject to the disclosure of the name and address of the professional group to which the foreign lawyer to be in the home country, and the name of the competent authority of the parent, who issued a certificate stating that the foreign lawyer is registered in the country as a person entitled to practice using one of the titles referred to in Article. 2 point 2 or 3
third A detailed list of the conduct stipulated in the regulations adopted by the Supreme Bar Council and the National Council of Legal Advisers.
Article 6 1. Admitted to the following on request.
second Foreign lawyer seeking comment on the list maintained by the district attorney shall submit an application to the council relevant to the application indicated in the future headquarters of the occupation. Foreign lawyer seeking entry in the list kept by the District Chamber of Legal Advisers to the board shall request the appropriate due specified in the request for a future professional domicile and, if the practice is to be performed under an employment relationship - the council relevant to the office specified in the application of future employer.
third The application for entry must be accompanied by:
1) a certificate issued by the competent authority of the home, stating that the person seeking entry is registered in the country as a qualifying to practice using one of the professional titles referred to in Article. 2 point 2 or 3, the authority to which application is made, may refuse to accept the certificate if the date of issue has expired for more than three months,
2) proof of nationality of the person applying for entry.
4th Application for entry should be written in Polish. Other documents, unless they are written in that language, should be submitted together with a translation into Polish, certified by a sworn translator.
Article 7 1. The entry on the list, and also to delist the District Bar Council decides, or advice of District Chamber of Legal Advisers. Refusal may occur only if the person concerned does not meet the requirements of the Act.
second The proceedings and resolutions adopted by the district bar on the entry in the list or deleting from it apply respectively. 12, 46, 68 and 69 and the provisions of Chapter VI of the Act of 26 May 1982 - Law on the Bar (Journal of Laws of 2002, No. 123, pos. 1058, as amended. d...) The proceedings and resolutions adopted by the council chambers of legal advisers as to the entry on the list or deleting from it, the provisions of Article. 29, 29 a , 31 and 31 a Act of 6 July 1982 on legal advisers (Journal of Laws of 2002 No. 123, item. 1059, as amended. D...)
third Removal from the list, regardless of the reasons set out in the provisions mentioned in paragraphs. 2, is also where the foreign lawyer lost permanently or temporarily in the home country the right to practice referred to in Article. 2 point 2 or 3, Or when he was included on the list of lawyers or a legal advisor.
4th In order to determine whether the profession to which the exercise in the home country is entitled to an applicant for entry on the list corresponds to the profession of lawyer, the board referred to in paragraph. 1, may apply to the Minister of Justice to make available the text proper foreign law. Council may ask the Minister of Justice also when it comes to finding the application of reciprocity referred to in Article. 3, by a parent of an applicant for entry on the list.
5th District Council of the Bar council and District Chamber of Legal Advisers shall immediately notify the competent authority in the home country of a foreign lawyer to issue an alert to a lawyer on the list it is made and refused to strike it from the list.
Article 8 In carrying out the constant practice of a foreign lawyer registered on the list uses a professional title in the home state, expressed in the official language of that country, with an indication of the professional organization in the home state to which it belongs, or the court before which he is the right to intervene in accordance with the laws of that state, and indicating whether the foreign lawyer performs constant practice to the extent of the profession of advocate or professional solicitor. For this purpose, it must be pointed out, for which the foreign lawyer is registered, giving her body lecturer.
Article 9 1. Foreign lawyer, who in the home country is a professional group aimed at keeping a common practice in the provision of legal aid, is entitled to use - alongside the professional title - the name of this professional group.
second About membership occupational group referred to in paragraph. 1, the foreign lawyer is obliged to inform the authority that conducts the list, which is entered. The information should indicate the name of the profession and its legal form and address, and at the request of the authority conducting the list - the names of other members of the profession.
Article 10 1. Foreign lawyer, depending on which list is registered, shall be subject to disciplinary responsibility under the regulations on disciplinary responsibility of attorneys or solicitors disciplinary responsibility.
second In place of the penalty of suspension of professional activities, a lawyer and a penalty of suspension of the right to exercise the profession of legal counsel shall be a fine suspension of the right to provide legal assistance in the Polish Republic for the period from three months to five years. Instead, the penalty of expulsion from the bar and the penalty of deprivation of the right to practice as a solicitor penalty is applied on the provision of legal aid in the Polish Republic.
third The disciplinary court shall be served forthwith to the competent authority in the home country of a foreign lawyer write:
1) the indictment or request eligible disciplinary spokesman for disciplinary action, including notification of rights under paragraph. 4,
2) judgments and orders made in the course of disciplinary proceedings,
3) remedies.
4th The authority referred to in paragraph. 3, at each stage of the disciplinary procedure disciplinary tribunal may make its views on, and his representative may attend the hearing as if it is conducted in camera.
5th In the cases referred to in Article. Paragraph 85. 1 of the Act of 26 May 1982 - Law on the Bar and Articles. Paragraph 66. 1 of the Act of 6 July 1982 on the legal advisors, the Dean of the Bar Council, which imposed a penalty of warning to foreign lawyer, or the dean of the District Chamber of Legal Advisers, who gave the warning served on the authority referred to in paragraph. 3, a copy of the notice imposing on the penalty warning or giving a warning and a copy of the appeal, if it was filed.
Article 11 1. Foreign lawyer shall be subject to compulsory insurance of liability civil liability for damage caused in the provision of legal assistance to those applying to lawyers or to the rules applicable legal advisers, depending on which list is entered.
second Since the duty mentioned in paragraph. An exempted are those who demonstrate that they are covered by insurance or guarantee in accordance with the provisions of its home state, and the conditions and scope of such insurance or guarantees are equivalent to the conditions and scope of the insurance referred to in paragraph. 1. Where equivalence is only partial, the foreign lawyer is required to conclude a supplementary insurance or subsidiary guarantees.
third Proof of insurance or guarantees referred to in paragraph. 2, the foreign lawyer is required to submit every year the authority handling the listing, which is entered. For the submitted documents, if they are not in the Polish language, must be accompanied by a translation into Polish, certified by a sworn translator.
Article 12
Chapter 2
Making a consistent practice by lawyers from the European Union
Article 13 1. A lawyer from the European Union entered on the list maintained by the district attorney is entitled to exercise constant practice to the extent of the profession of advocate, and included on the list maintained by the Council of the District Chamber of Legal Advisers - to the extent of professional legal counsel.
second Selection list, a lawyer with the European Union.
Article 14 Unless this Act provides otherwise, a lawyer from the European Union entered on the list maintained by the district attorney has the same rights and obligations as a lawyer, and included on the list maintained by the Council of the District Chamber of Legal Advisers - have the same rights and obligations as a legal adviser . This also applies to the obligation to respect professional ethics.
Article 15 1. A lawyer from the European Union entered on the list maintained by the district attorney may exercise a permanent practice in the office of an individual lawyer in the team, a partnership, partnership, limited partnership or a partner company.
second A lawyer from the European Union entered into the register kept by the District Chamber of Legal Advisers can make a permanent practice in the employment relationship, on the basis of a civil contract, in the office of an individual, a partnership, partnership, limited partnership or a partner company.
third
4th The sole business of the companies referred to in paragraph. 1 and 2, may be the provision of legal aid. Shareholders in the companies: the civil and the content may only be prawnicy z Unii Europejskiej, adwokaci lub radcowie prawni, a wspólnikami w spółce jawnej oraz komplementariuszami w spółce komandytowej mogą być ponadto prawnicy spoza Unii Europejskiej.
Art. 16. 1. Z chwilą wpisu na listę prawnik z Unii Europejskiej staje się członkiem właściwej izby adwokackiej lub właściwej izby radców prawnych.
2. Jako członek izby adwokackiej lub izby radców prawnych prawnik z Unii Europejskiej wykonuje wszystkie obowiązki i prawa przysługujące członkom samorządu zawodowego, z wyjątkiem biernego prawa wyborczego do organów samorządu.
Article 17 1. In carrying out activities consisting in representing a client in a proceeding in which in accordance with the applicable regulations required that the party was represented by a lawyer, a lawyer from the European Union has a duty to interact with a person engaged in one of those professions. In cases where the representation of a client by a solicitor is not allowed, a lawyer from the European Union is bound to cooperate with counsel.
second Detailed conditions and manner of interaction, which paragraph. 1, determined by agreement by a lawyer from the European Union with a lawyer or legal counsel. Concluding an agreement, the parties should bear in mind that the goal of interoperability is to allow a lawyer from the European Union to carry out its duties towards the client and to the investigating authority, in particular to ensure compliance with the applicable rules of conduct and professional ethics.
third The agreement referred to in paragraph. 2, does not bear any responsibilities of a lawyer to a client a lawyer from the European Union, unless the parties have agreed otherwise.
4th A lawyer from the European Union is obliged at the first steps taken on the authority conducting the proceedings to submit the agreement referred to in paragraph. 2. Failing that, the obligation to appoint a lawyer with the authority of the European Union to complete the appropriate term absence. To determine the effects of replenishing the date of this lack, the provisions concerning the lack of power or authority of the defense.
Chapter 3
exercise was a practice by lawyers outside the European Union
Article 18 A lawyer from outside the European Union entered on the list maintained by the district attorney is entitled, in the exercise of constant practice, only to provide legal advice and preparing legal opinions concerning the right of the home country or international law, the extent of the profession of advocate, a lawyer from outside the European Union entered on the list maintained by the Council of the District Chamber of Legal Advisers is entitled, in the exercise of constant practice, only to provide legal advice and preparing legal opinions concerning the right of the home country or international law, the extent of the professional solicitor.
Article 19 In order to carry out constant practice of lawyers from outside the European Union may create:
1) general partnerships in which partners only:
a) foreign lawyers or
b) advocates or
c) legal advisers, or
2) limited partnerships where the partners are limited to:
a) lawyers foreign or
b) advocates or
c) legal advisers.
Article 20 1. In carrying out the constant practice of a lawyer from outside the European Union, depending on which list is registered, subject to the terms profession and professional ethics rules that apply to lawyers or legal advisors that apply.
second A lawyer from outside the European Union is obliged to pay the district bar council or district council chamber counsel, leading the list, which is entered, a contribution equal to half the current membership fee accordingly or lawyers.
Article 20a. A lawyer from outside the European Union is obliged to present every year the authority handling the list, for which it is registered, the certificate issued by the competent authority of the home country stating that it is registered in the country as a person entitled to practice using one of the titles referred to in Article. 2, point 3
DIVISION III
Admitted to the lawyers or the legal adviser of a lawyer or a citizen of the European Union European Union member state having the qualifications required to practice using one of the titles referred to in Article. 2 point 2
Article 21 In the absence of the provisions of this chapter, the proceedings entered on the roll of advocates or legal adviser lawyer from the European Union or national of a Member State of the European Union, having the qualifications required to practice using one of the titles referred to in Article. 2 point 2, the provisions of the Act - Law on the Bar or the Law on legal advisers.
Article 22 1. A lawyer from the European Union or national of a Member State of the European Union, with professional qualifications required to practice using one of the titles referred to in Article. 2 point 2, can be included on the list of lawyers or legal adviser if:
1) meets the conditions set out in Article. 65 paragraphs 1 and 2 of the Act of 26 May 1982 - Law on the Bar or in the Articles. Paragraph 24. 1 item 3, 4 and 5 of the Act of 6 July 1982 on legal advisers,
2) speaks Polish in speech and writing,
3) passes an aptitude test.
second If a professional lawyer from the European Union or national of a Member State of the European Union referred to in paragraph. 1 were obtained as a result of training which is wholly or mainly took place outside the territory of the Member States of the European Union, the entry on the list of lawyers or a legal advisor is also required at least three years to practice using one the titles referred to in Article. 2 point 2, confirmed by the competent authority of the European Union Member State which has recognized these qualifications.
Article 23 1. The application for entry on the list of lawyers or solicitors must be accompanied by:
1) a document certifying that the candidate is a citizen of an EU Member State,
2) a certificate issued by the competent authority of a Member State of the European Union stating that the candidate has the professional qualifications required in this country to practice using one of the titles referred to in Article. 2 point 2, or stating that the candidate is registered in the country as a person entitled to practice using one of the titles referred to in Article. 2 item 2, the authority to which application is made for entry, may refuse to accept the certificate if the date of issue has expired for more than three months,
3) in the case referred to in Article. Paragraph 22. 2 - a certificate issued by the competent authority of a Member State of the Union European confirming that at least three years the candidate has pursued the profession in the country using one of the titles referred to in Article. 2 point 2
second Application for entry should be written in Polish. The enclosed documents if they are not written in that language, should be submitted along with a Polish translation, certified by a sworn translator.
third Application for entry should be considered within four months of its submission, including all required attachments, and in the case referred to in Article. Paragraph 30. 2 - as soon as the result of the repeated test of skill.
Article 24 District Bar Council, competent to adopt the resolution on entry in the list of lawyers, or the council of the regional chamber of counsel, the right to adopt a resolution on the entry of a legal advisor, may apply to the relevant professional organization or other competent authority in the country, from which from the candidate, in order to verify whether the candidate meets the conditions referred to in Article. Paragraph 22. 1, section 1
Article 25 The aptitude test professional knowledge of the candidate concerned and seeks to assess his ability to practice the profession of lawyer or legal adviser, in relation to the requirements of lawyers and legal advisers who practices on Polish territory. The assessment must take into account that the candidate already has the professional qualifications required in the European Union Member State to practice using one of the titles referred to in Article. 2 point 2
Art 26 1. The aptitude test for candidates who apply for entry on the list of lawyers, carry out the examination referred to in Article. 75a of the Act of 26 May 1982 - Law on the Bar, and for the candidates who apply for entry on the list of legal advisers - the examination referred to in Article. 33 a Act of 6 July 1982 on legal advisers.
second Minister of Justice, by regulation, determine the rules of the aptitude test for candidates applying for entry on the list of lawyers or legal advisers.
Article 27
Article 28 1. Test skills is conducted in Polish and consists of written and oral.
second The written part covers the development of two themes: civil law and a second subject chosen by the candidate. Way to develop the theme and a list of items, from which a candidate shall select the second item, stipulated in the regulations referred to in Article. Paragraph 26. 2.
third The oral part includes:
1) two subjects chosen by the candidate from the list referred to in paragraph. 2, except that the candidate can choose only those items which are not worked out the theme in the written aptitude test,
2) organizational and operational rules of professional self, the exercise of the profession and professional ethics.
4th To be admitted to the oral part of the aptitude test is to obtain a positive assessment by the candidate with at least one subject in the written part. In the case of a negative assessment of both items in the written part, the entire test is considered of failing.
Article 29 1. The Commission recognizes the skill test Failing to pass or be passed, taking into account the marks obtained by the candidate of the individual items in the written part and oral part.
second The Commission considers a test for Failing to pass if the candidate received failing grades from at least two subjects. Obtaining a negative assessment by the candidate in one subject does not preclude the recognition of aptitude test to be passed, if, according to the marks obtained by the candidate of the other items justify the belief that he is able to practice.
Article 30 1. The result of the aptitude test is not subject to actionable.
second In the event of an unfavorable result of the aptitude test at the request of the candidate made within two weeks of notification of test results, the test is repeated only once, but not earlier than 6 months after the end of the previous test.
Article 31 1. District Bar Council, competent to adopt the resolution on entry in the list of lawyers, or the council of the regional chamber of counsel, the right to adopt the resolution on entry in the list of legal advisers, exempt a lawyer from the European Union at his request, from the requirement to pass an aptitude test, if he can show that for at least 3 years has worked on the terms set out in Chapter 1 and 2 of Chapter II, actively and continuously constant practice of law in force in the Polish Republic, including European Union law.
second Continued solid performance of the practice means executions without any interruptions, except for those arising from the events and the requirements of everyday life.
third In order to demonstrate an active and continuous exercise was a practice referred to in the paragraph. 1, a lawyer from the European Union should be attached to the application for exemption from the aptitude test a list of cases, indicating their signature or other markings, location, duration, and on the action taken.
4th Proper District Bar Council or appropriate Council District Chamber of Legal Advisers may call a lawyer with the European Union to appear in person in order to provide additional information or clarification regarding the exercise was a practice referred to in paragraph. 1.
Article 32 1. The Council referred to in Article. 31 paragraph. 1, at the request of a lawyer from the European Union, may release him from the requirement to pass an aptitude test, if he proves that he has pursued the principles set out in Chapter 1 and 2 of Chapter II, actively and continuously, continuous practice for at least 3 years, however, for a shorter time in the law referred to in Article. 31 paragraph. 1.
second Adopting a resolution concerning the exemption from the aptitude test, the council will take into account the scope and object of the current practice lawyer from the European Union and his knowledge and experience of the Polish law, including participation in training scope of that right.
third The provisions of Article. 31 paragraph. 2 and 3 shall apply accordingly.
4th Proper District Bar Council or appropriate Council District Chamber of Legal Advisers carry out an attorney with the European Union in an interview to verify that actively and continuously pursued the consistent practice, particularly in the Polish law, and whether it is capable of doing this practice in the light of knowledge and experience of Polish law.
Article 33 1. Resolutions of the district bar council and resolutions Council District Chamber of Legal Advisers on the exemption from the aptitude test should include factual and legal grounds.
second The resolution refusing to exempt from the aptitude test with a lawyer to appeal the European Union:
1) the resolution of the District Bar Council - the General Bar Council,
2) the resolution of the District Chamber of Legal Advisers - to the National Council Solicitors.
third The deadline for appeals is 30 days from the date of service of a copy of the resolution.
Article 34 A lawyer from the European Union, UNESCO advocates or as a legal advisor, is authorized to use the - next to the title for a lawyer or legal adviser - professional title in the home state, expressed in the official language of that country.
Article 34a. Provisions of the Act concerning citizens of EU Member States who possess professional qualifications required to practice using one of the titles referred to in Article. 2 point 2, shall apply also to
1) citizens Member States of the European Free Trade Association (EFTA) - parties of European Economic Area or the Swiss Confederation, with professional qualifications required to practice using one of the titles specified in the lists in annexes 1 and 2 of the Act;
2) citizens of EU member states possessing the professional qualifications required to practice using one of the titles specified in the list in Annex 2 to the Act.
DIVISION IV
Supply cross-border services
Chapter 1
border provision of services by lawyers from the European Union
Article 35 1. A lawyer from the European Union is entitled to provide cross border services under the professional title obtained in the home state, expressed in the official language of that country, with a professional organization in the home state to which he belongs, or the court before which he is entitled to appear in accordance with the laws of state.
second The powers referred to in paragraph. 1, a lawyer from the European Union may exercise any power which is entitled to attorney
or legal counsel.
Article 36 1. In carrying out cross-border services consisting of representing a client in proceedings before courts and other public authorities lawyer from the European Union subject to the same conditions of occupation, which applies to a lawyer, with the exception of the residence and entered on the roll of advocates or attorneys law.
second A lawyer from the European Union is obliged to observe the rules of professional conduct that apply to lawyers or legal advisors that apply, subject to rules of professional conduct that apply in his home state. However, in cases where the representation of a client by a solicitor is not allowed, a lawyer from the European Union is governed by the ethical code, including rules of professional conduct that apply in his home state.
Article 37 1. In the performance of other cross-border services than those mentioned in Articles. Paragraph 36. A lawyer from the European Union must jest przestrzegać warunków wykonywania zawodu obowiązujących w jego państwie macierzystym, z uwzględnieniem warunków wykonywania zawodu obowiązujących adwokatów lub radców prawnych, o ile przestrzegania tych ostatnich warunków można wymagać od osoby, która nie wykonuje stałej praktyki, i jeżeli jest to uzasadnione dla właściwego wykonywania czynności zawodowych oraz zachowania godności zawodu.
2. Przepis ust. 1 stosuje się odpowiednio do przestrzegania zasad etyki zawodowej.
Art. 38. 1. Przy wykonywaniu usługi transgranicznej polegającej na reprezentowaniu client in the proceeding, in which, according to official regulations require that a party was represented by a lawyer, a lawyer from the European Union has a duty to interact with a person engaged in one of those professions. However, in cases where the representation of a client by a solicitor is not allowed, a lawyer from the European Union is bound to cooperate with counsel.
second The provisions of Article. Paragraph 17. 2-4 shall apply accordingly.
Article 39 1. A lawyer from the European Union, representing a client in proceedings before courts and other public authorities, is obliged to indicate the body conducting the investigation the person authorized to receive letters in the Polish Republic. In cases where a lawyer from the European Union works with a lawyer in accordance with Article. 38, is presumed to have an authorized person is the lawyer.
second In case of no indication of a person authorized to receive letters in the Polish Republic, a magazine intended for a lawyer from the European Union shall be served on the side represented by where he is a resident of the Polish Republic. In other Where a letter is left on file with the effect of service. The authority conducting the proceedings is obliged to instruct the lawyer of the European Union at the first delivery.
Article 40 1. A lawyer from the European Union is obliged at the first act in a judicial proceeding to file written document stating that it is registered in the home state as a person entitled to practice using one of the professional titles referred to in Article. 2 point 2, and inform the dean of the District Bar Council or the dean of the District Chamber of Legal Advisers, appropriate for the seat of the court, to take cross-border service provision.
second Other than the court of public authority, before which a lawyer from the European Union carries out activity, the dean of the District Bar Council or the Dean of the District Chamber of Legal Advisers, responsible for the place of the operations, may at any time ask the lawyer from the European Union to submit the document referred to in paragraph. 1.
third If the document is not written in Polish, a lawyer from the European Union should include its translation into Polish, certified by a sworn translator.
Article 41 1. For culpable violation of the obligation to respect the conditions of the profession and professional ethics, referred to in Article. 36 and 37, a lawyer from the European Union is subject to disciplinary action under the provisions of the disciplinary rules for lawyers or solicitors disciplinary responsibility.
second The provisions of Article. Paragraph 10. 2-5 shall apply accordingly.
Chapter 2
Supply cross-border services by lawyers from outside the European Union
Article 42 On the basis of reciprocity, unless the international agreements ratified by the Republic of Polish or regulations of international organizations of which Poland is a member, otherwise, the lawyer cross-border provision of services outside the European Union is only entitled to represent parties in civil proceedings is a national of or belonging to State in which the lawyer is entitled to exercise the profession.
Article 43 A lawyer from outside the European Union service provider in accordance with Article. 42, shall apply the provisions of art. Paragraph 35. 1 and art. 1936-1941.
DIVISION V
Changes in existing regulations, transitional and final provisions
Chapter 1
Amendments to existing regulations
Article 44 In the Act of 17 November 1964 - the Code of Civil Procedure (Journal of Laws No. 43, item. 296, 1965, No. 15, item. 113, 1974, No. 27, item 157. And No. 39, pos. 231, 1975, No. 45, item. 234, of 1982 No. 11, item. 82, No. 30, item. 210, 1983, No. 5, pos. 33, 1984, No. 45, item. 241 and 242, of 1985 No. 20, item. 86, 1987, No. 21, item. 123, 1988, No. 41, item. 324, of 1989 No. 4, pos. 21, No. 33, item. 175, 1990, No. 14, item. 88, No. 34, item. 198, No. 53, item. 306, No. 55, item. 318, No. 79, pos. 464, of 1991 No. 7, pos. 24, No. 22, item. 92 and No. 115, item. 496, 1993, No. 12, item. 53, 1994, No. 105, pos. 509, 1995 No. 83, item. 417, 1996, No. 24, item. 110, No. 43, item. 189, No. 73, item. 350 and No. 149, item. 703, of 1997 No. 43, item. 270, No. 54, item. 348, No. 75, item. 471, No. 102, item. 643, No. 117, item. 752, No. 121, item. 769 and 770, Nr 133, poz. 882, No. 139, pos. 934, No. 140, item. 940 and No. 141, item. 944, 1998, No. 106, item. 668 and No. 117, item. 757, 1999, No. 52, item. 532, 2000, No. 22, item. 269 \u200b\u200band 271, No. 48, item. 552 and 554, No. 55, item. 665, No. 73, item. 852, No. 94, item. 1037, No. 114, item. 1191 and 1193, No. 122, item. 1314, 1319 and 1322, 2001, No. 4, pos. 27, No. 49, item. 508, No. 63, item. 635, No. 98, item. 1069, 1070 and 1071, No. 123, item. 1353, No. 125, item. 1368 and No. 138, item. 1546 and of 2002 No. 25, item. 253, No. 26, item. 265, No. 74, item. 676, No. 84, item. 764) is amended as follows:
1) under the heading of Title I of the book the second, the third part is deleted words, "Officers using the ';
2) shall be deleted. 1118.
Article 45 In the Act of 26 May 1982 - Law on the Bar (Journal of Laws of 2002 No. 123, item. 1058) is amended as follows:
1) Article. 4a. 1 reads as follows:
'first attorney practicing as a lawyer's office, lawyer in the team and in partnership, partnership, or limited partnership, the partners in the civilian companies, registered and content and komplementariuszami in a limited partnership can only be lawyers or solicitors and barristers, as well as foreign lawyers performing the consistent practice under the Act of 5 July 2002 on the provision of legal assistance of foreign lawyers in the Polish Republic (Journal of Laws No. 126, pos. 1069), and the sole object of such companies is the provision of legal aid. "
2) Article. 21 shall be deleted. 1 and 2;
3) Articles. 36 reads as follows:
"Article 36 The District Bar Council shall visit:
1) teams of lawyers,
2) law firms,
3) companies with the exclusive participation of lawyers,
4) lawyers in companies with lawyers, solicitors and foreign lawyers registered on the list of foreign lawyers,
5) foreign lawyers registered on the list of foreign lawyers, conducted by the district attorney. "
4) Article. 58:
a) in paragraph 12 of the point. j) the following point. k) as follows:
'k) of the interaction lawyer with a lawyer representing a client in a foreign proceeding in which in accordance with the applicable regulations required that the party was represented by a lawyer, "
b) in paragraph 13 is replaced by a dot a comma and the following paragraph 14 as follows:
"14) to perform the tasks defined in the Act on the provision of legal assistance of foreign lawyers in the Polish Republic."
5) Article. 66 shall be deleted. 2;
6) Article. 90 the following paragraph. : '3
"3 If the advocate provides the European Union Member State or Member States of the European Free Trade Association (EFTA) - Parties to the European Economic Area legal aid there under the current regulations on the provision of legal assistance by lawyers from the European Union, the disciplinary court, which has opened disciplinary proceedings, shall immediately notify the competent authority in that country, sending a copy of the application to the authority referred to in paragraph. 1 "
Article 46 of the Act of 6 July 1982 on legal advisers (Journal of Laws of 2002 No. 123, item. 1059) is amended as follows:
1). In Article 8 paragraph. 1 reads as follows:
"The first legal adviser to a profession in the employment relationship, on the basis of a civil contract, a legal adviser's office and in partnership, partnership, or limited partnership, the partners in the civilian companies, as well as overt and komplementariuszami partner in a limited partnership can only be legal advisers or legal advisers and lawyers and foreign lawyers performing the consistent practice under the Act of 5 July 2002 on the provision of legal assistance of foreign lawyers in the Polish Republic (Journal of Laws No. 126, item. 1069), and the sole the subject of such companies is to provide legal assistance. "
2) of Article. 21 reads as follows:
" Art 21. Legal Counsel may grant a further proxy (substitution) to another solicitor, lawyer, foreign lawyer performing constant practice of the Law on Provision of legal assistance of foreign lawyers in the Polish Republic, as well as trainee radcowskiemu. "
3 ) Article. a 22 reads as follows:
"Article 22 a . Council District Chamber of Legal Advisers is entitled to the inspection and evaluation by professional legal adviser and the foreign lawyer is registered on the list of foreign lawyers, led by the Council of the District Chamber of Legal Advisers. The inspection carried out and assessed by inspectors appointed by the council of legal advisers. "
4) Article. 25 shall be deleted. 3;
5) Article. 60:
a) in paragraph 8 of the point. d) the following point. e) as follows:
e) concerning the principles of co counsel with a lawyer representing a client in a foreign proceeding in which in accordance with the applicable regulations required that the party was represented by a lawyer, "
b) point 11 dot replaced by a comma and the following paragraph 12 as follows:
"12) to perform the tasks defined in the Act on the provision of legal assistance of foreign lawyers in the Polish Republic."
6) Article. 68 a existing text as paragraph means. 1 and the following paragraph. 2 as follows:
"2 If the legal adviser testifies in European Union Member State or Member States of the European Free Trade Association (EFTA) - Parties to the European Economic Area legal aid under the current regulations there provision of legal assistance by lawyers from the European Union, the disciplinary court, which has opened disciplinary proceedings, shall immediately notify the competent authority in that country, sending a copy of the application to the authority referred to in paragraph. 1 ";
Article 47 of the Act of 22 May 1997 amending the law - Law on the Bar, the Law on legal advisers, and certain other acts (Journal of Laws No. 75, item. 471 and No. 124, item. 782 and of 1999 No. 75, item. 853) is deleted Article 11.
Chapter 2
Transitional and Final Provisions
Article 48 Until the entry into force of Article. and Articles 1913-1917. 1935-1941 to lawyers from the European Union, the provisions of Article. 18-20 and Articles. 42.
Article 49 Existing on the date of entry into force of the law companies with foreign participation have been formed to provide legal assistance under the Act of 14 June 1991 on companies with foreign participation (Journal of Laws of 1997 No. 26, item. 143, 1998, No. 160, item. 1063 and of 1999 No. 49, item. 484 and No. 101, item. 1178):
1) that the date specified in Article. Paragraph 10. 2 of the Act referred to in Article. 47, fulfilled the conditions laid down in Article. Paragraph 10. Article 2. Paragraph 11. 1 point 1 and 2 of this Act or
2) formed in accordance with Article. Paragraph 11. 1 of the Act referred to in Article. 47
- may continue to operate, provided that within six months from the date of entry into force of the law all the members or shareholders of those companies, who are not lawyers or legal advisors, are required to obtain entry into the list of foreign lawyers referred to Article. 3, and these companies will adapt the form and scope of the Article. 18 and 19 of the Act.
Article 50 In the case of a company established to provide legal assistance under the Act Companies with foreign participation, activities in contravention of Article. 49, the court at the request of the district bar council or district council chambers solicitors pronounces verdict to dissolve the company.
Article 51 This Act shall enter into force six months after the date of publication, with the exception of Article. 1913-1917, Art. 1921-1941, Art. 43, Art. 45 points 5 and 6 and Article. 46 points 4 and 6, which take effect from the date the Republic of Polish membership in the European Union.
APPENDIX 1 LIST OF OCCUPATIONAL TITLES RECEIVED IN THE STATES OF THE EUROPEAN UNION PROFESSIONAL Corresponding lawyer
- in the Republic of Austria - lawyer,
- in the Kingdom of Belgium - Avocat / Advocaat / Rechtsanwalt
- Bulgaria -,
- in the Republic of Cyprus - D Ikh góroz,
- Czech Republic - Advokát,
- in the Kingdom of Denmark - Advokat,
- in the Republic of Estonia - Vandeadvokaat,
- in the Republic of Finland - asianajaja / Advocat,
- in the French Republic - Avocat,
- in Greece - D Ikh góroz,
- in the Kingdom of Spain - Abogado / Advocat / Advogad / Abokatu,
- in the Netherlands - Advocaat,
- Republic of Ireland - Barrister / Solicitor,
- in the Republic of Lithuania - Advokatas,
- in the Republic of Latvia - Zverinats advokats,
- in the Grand Duchy of Luxembourg - Avocat,
- Federal Republic of Germany - lawyer,
- in the Republic of Malta - Avukat / Prosecutor legalization,
- in the Republic of Portugal - a lawyer,
- in Romania - Avocat,
- Slovak Republic - Advokát / Komerćný právnik,
- in the Republic of Slovenia - Odvetnik / Odvetnica,
- in Sweden - Advokat,
- in the United Kingdom of Great Britain and Ireland North - Advocate / Barrister / Solicior,
- in the Republic of Hungary - Ügyvéd,
- in the Italian Republic - Avvocato.
APPENDIX 2
LIST OF OCCUPATIONAL TITLES RECEIVED IN THE MEMBER STATES OF THE EUROPEAN FREE TRADE AGREEMENT (EFTA) - parties to the Agreement the European Economic Area or the Swiss Confederation, corresponding PROFESSIONAL lawyer
- in the Republic of Iceland - Lögmaur,
- the Principality of Liechtenstein - lawyer,
- in the Kingdom Norway - Advokat,
- the Swiss Confederation - Avocat / Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech Avvocato.
0 comments:
Post a Comment