Recognition of a foreign lawyer’s qualification

A professional who has obtained abroad the qualification giving access to the legal profession and intends to practise as a lawyer in Italy must have the qualification recognised by the Ministry of Justice, the authority competent to supervise the profession.

When recognition is required

The profession of lawyer is regulated under Italian law. A person who has obtained abroad the qualification that, in the country of origin, gives access to that profession must obtain its recognition in order to register with the Bar and practise lawfully, or to make use of the corresponding professional title. Activities that the law does not reserve to members of the register remain permitted, subject to the prohibition on using the regulated title.

Who grants recognition

The competent authority is the Ministry of Justice, which supervises the profession and provides for the recognition of qualifications obtained abroad, in the European Union or in third countries, by Italian or foreign nationals. The procedure concludes with a decree without expiry, published for about ninety days, with official value, on the official page of the Ministry of Justice. For the purpose of professional recognition, homologation of the academic qualification in Italy is not required.

The application and the documentation

The application is submitted in Italian, on the ministerial forms, and reconstructs the entire academic and professional background starting from the foreign academic qualification. The following are required in particular:

• the academic qualification, with an indication of the duration of the course
• any professional qualification obtained after the academic qualification
• the certificate of the authority of the country of origin attesting access to or authorisation to practise the profession

For the application it is sufficient to hold the requirements for access to the profession in the country of origin, such as the academic qualification, the traineeship and any State examination where provided. It is not, on the other hand, necessary to have completed the requirements for practice, such as registration with the order, which is the final step following the decree.

Qualifications obtained in the European Union

For qualifications obtained in a country of the Union, Directives 2005/36/EC and 2013/55/EU apply, transposed by Legislative Decree 206/2007. In that case the Declaration of Value is not required. In its place the declaration of conformity issued by the competent authority of the country of origin applies, attesting access to or authorisation to practise the profession under the law of that country. The academic qualification and the transcript of examinations may be submitted by means of a self-declaration and a simple copy, without legalisation.

Qualifications obtained in non-EU countries

For non-EU qualifications, recognition is governed by Articles 49 and 50 of Presidential Decree 394/1999 and by Presidential Decree 334/2004. The non-EU national must also enclose the residence permit. The documentation of the qualification is submitted in one of the two forms admitted by the Ministry:

• the Declaration of Value issued by the Italian diplomatic or consular mission in the country of origin, submitted as a certified copy, with which a simple copy and a simple translation of the academic qualification certificate and the transcript of examinations are sufficient
• in the absence of the Declaration of Value, the qualification in the original or a certified copy, after legalisation or an Apostille of the original, accompanied by an official translation

CIMEA certifications are not among the documents required by the Ministry of Justice for professional recognition and do not replace the Declaration of Value, although they may be enclosed. For holders of international protection the free CIMEA for refugees service is available.

Residence permit and entry visa

A person submitting the application from abroad, in order to obtain the entry visa for self-employment, first applies to the Ministry for the declaration that there are no grounds precluding the issue of the authorising title, under Article 39 of Presidential Decree 394/1999. Where recognition is made subject to a compensation measure and the person concerned is abroad, Article 49, paragraph 3-bis allows the issue of a study visa for the time needed to complete it. Registration with the register remains in any event subject to holding a valid residence permit.

Compensation measures

Where the examination of the application reveals a training deficiency in the subjects fundamental to practice in Italy, the decree may make recognition subject to a compensation measure, consisting of an aptitude test or an adaptation period, within the competence of the National Bar Council. Documented studies and professional experience are also taken into account in the assessment.

Specific points for the lawyer

For the profession of lawyer the transcript of examinations taken abroad is not required. A person who has obtained academic equipollenza in Italy or passed examinations in legal subjects at Italian universities may produce the relevant certificates, also in the form of a self-declaration.

A person who holds an Italian degree and has subsequently continued their academic and professional path in another country must document the Italian degree and examinations, the examinations taken for the homologation of the degree in the foreign State, the relevant homologation measure, any further requirements laid down by the local system and the certificate of authorisation to practise the legal profession in the country of origin.

The aptitude test and registration with the Bar

For the lawyer the adaptation period is excluded. Any compensation measure consists of an aptitude test, written and oral, in Italian, on the subjects fundamental to practice in Italy, within the competence of the National Bar Council.

For non-EU qualifications, registration with the Bar presupposes two distinct acts: the recognition decree of the Ministry of Justice and the certificate of the National Bar Council attesting that the aptitude test has been passed, under Article 22, paragraph 2 of Legislative Decree 206/2007, read together with Articles 37 of Legislative Decree 286/1998 and 39 and 49 of Presidential Decree 394/1999.

The established EU lawyer

For lawyers of the Union the establishment route is also available. Under Directive 98/5/EC, transposed by Legislative Decree 96/2001, the European lawyer practises in Italy under the home-country title, registered in a special section of the register. After three years of effective and regular practice they may apply for exemption from the aptitude test and full integration, with use of the title of lawyer. Directive 77/249/EEC, transposed by Law 31/1982, on the freedom of European lawyers to provide services, is also relevant.

Timeframes and stamp duty

The procedure takes on average four months. Within thirty days of receipt of the application the office confirms that the file is complete or that additions are required. Stamp duty is settled by means of two sixteen-euro stamps, one for the application and one for the final decision, for a total of thirty-two euros, to which a third is added, for a total of forty-eight euros, where a certified paper copy of the decree is requested in place of the digital signature. The decree is transmitted with a digital signature by certified or ordinary email.

Legal references: Directive 2005/36/EC, Directive 2013/55/EU, Legislative Decree 206/2007 Article 22, Legislative Decree 286/1998 Article 37, Presidential Decree 394/1999 Articles 39, 49 and 50, Presidential Decree 334/2004, Directive 98/5/EC (Legislative Decree 96/2001), Directive 77/249/EEC (Law 31/1982).