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MOST COMMON QUESTIONS
No, if you were registered, either as a practitioner or a non-practitioner, on the date the Law came into force, the requirements established therein will not be enforceable.
No. If you were not registered on the date the Law came into force, but you were previously, either as a practicing or non-practicing member, for a period of one year, either continuously or discontinuously, and not you had been dismissed due to disciplinary sanction, the requirements established in the Law will not be enforceable
In the case of obtaining a law degree after October 31, 2011, so that the system of access to the profession provided for in Law 34/2006 is not applied, there is a period of two years to register as a practicing or non-practicing member, from the moment in which the issuance of the bachelor's degree can be requested, without the Law establishing a minimum time for membership.
Law 5/2012 of July 6, on mediation in civil and commercial matters, introduced a new ninth additional provision to Law 34/2006, with respect to approved foreign titles, under which:
"The professional titles that are regulated in this Law They will not be enforceable from those who, at the time of entry into force of this Law, had requested the homologation of their foreign degree to that of a Law graduate provided that within a maximum period of two years, counting from the moment in which they obtain said approval, they proceed to register, as practicing or non-practicing. "
The criterion of this Council has been, in application of the content of said additional provision, to understand that those who have requested the homologation of your foreign title to that of a law graduate, before the entry into force of the Law, nor the access system will apply provided for in Law 34/2006, provided that within two years from obtaining approval they proceed to register. Otherwise, that is, if these people have not requested the homologation of their degree to that of Law degree before the entry into force of Law 34/2006, that is, on October 30, 2011, the access system provided in it.
Given the high number of inquiries from foreign citizens and Bar Associations, alleging various interpretations on this issue, this Council requested the General Directorate of Relations with the Administration of Justice of the Ministry of Justice, the issuance of a report in relation to the interpretation of the said ninth additional provision.
On March 7, 2013, he entered this Council, a letter sent by the General Directorate of Relations with the Administration of Justice, reporting the joint criteria of the Ministries of Education, Culture and Sports and Justice, confirming the criteria followed by this Council, that is, that citizens who on October 30, 2011 had not submitted an application for homologation of their degree university to the Degree in Spanish Law, will be fully subject to the requirements of the aforementioned Law, and therefore It will not be enough for you to proceed with the homologation of your title to be able to become a lawyer.
In light of the foregoing, this Council, in application of the regulations described, understands that the request for approval is required before the indicated date, October 31, 2011, If it has been carried out, the requirements set forth in the Law for access to the profession will not apply.
Currently we must take into account the Royal Decree 967 / 2014, of November 21, according to which, if the interested party has one or more foreign university-level degrees that give him access to the exercise of a profession in the issuing country, and that profession is analogous to the profession of lawyer and the interested party wishes to practice their profession in Spain, they must request, based on their foreign degree, Recognition in a Spanish university of the subjects passed in the program of origin and later, where appropriate, complete the studies of the corresponding Spanish degree program.
Once the corresponding degree has been obtained, the access system provided for in the aforementioned Law 34/2006 is applicable, a system that consists of three points:
- - Completion of a specific training course to acquire a set of specific professional skills.
- - Development of a period of external practices.
- - Carrying out a professional aptitude assessment.
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