Slovakia International Trade in Legal Services

Is there legislation governing the legal sector

Parliamentary Act No. 586/2003 Coll. on the Legal Profession and on Amending Act No. 455/1991 Coll. on the Business and Self-Employment Services (Business Licensing Act) as amended

Under what title do lawyers practise?

Advokát

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

In order to be a lawyer in Slovakia, an individual must be enrolled with the Bar Association and must meet the following conditions: Have full capacity to do legal acts ; have a Master´s degree in law from a law school in the Slovak Republic or hold a recognised university diploma whereby the Master´s degree was awarded to him by a law school in a foreign country other than the Slovak Republic,; have served as a trainee lawyer to a practising lawyer for at least three years; have passed the prescribed Bar examination; be a person of integrity and not to have been subject to any final disciplinary action or disbarment; and to have taken an oath.

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

The Slovak Bar maintains the roll of all lawyers practising in Slovakia

Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?

The practice of law is defined in the Slovak Bar Act to mean "representation of clients before courts of law, governmental authorities and other entities, acting for and defending individuals in criminal proceedings, legal consultancy, writing instruments about legal acts, making legal analyses, administration of clients´ property and other forms of legal advice, assistance and legal services, if provided continuously and in return for a fee (hereinafter referred to as "legal services"). These are not acts reserved exclusively to lawyers and in certain circumstances may also be conducted by bailiffs, notaries, chartered accountants and others.

No

Under section 12 of the Act, (1) Every lawyer may practise law: a) as a sole practitioner, b) in a partnership of lawyers jointly with other lawyers, c) as a partner in a general non-commercial partnership, d) as a general partner in a limited liability partnership, or e) as a company executive in a limited liability company.

What other ethical or regulatory requirements must a licensed lawyer comply with? 

The Bar Association produces the Rules of Professional Conduct for lawyers

Do law firms need to receive a "license" (or permission/approval) to practice law?

The Slovak Bar must be informed of the practising addresses of law firms of all types.

Which authority issues licences? Are there different authorities for individuals and firms? 

The Slovak Bar Association

Is the jurisdiction a member of the WTO?

The Slovak Republic joined the WTO on 1 January 1995

Has it made any commitments under GATS in legal services?

In accordance with the EU's commitments to the WTO, Slovakia has made full commitments in modes 1-3 for home country and international law. Slovakia has made it clear in its schedule that the practice of host country law requires acceptance in the Slovak Bar Association or in the Slovak Chamber of Commercial Lawyers and furthermore that Slovak lawyers are required to be graduates of Slovak universities.

Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries?

As a member of the European Union, Slovakia extends special treatment to individuals and businesses from other EEA states (EU plus Norway, Iceland and Liechenstein). Slovakia is also party to the EU's many bilateral agreements with other countries and free trade areas ( a full list of these can be found at http://www.wto.org/english/tratop_e/region_e/rta_participation_map_e.htm?country_selected=none&sense=s

The EU has comprehensive provisions covering the free movement of lawyers from EEA countries (EU plus Norway, Iceland and Liechenstein) and Switzerland. These include the Establishment Directive for Lawyers (98/5/EC), the Lawyers' Services Directive (77/249/EC), the Framework Services Directive (2006/123/EC) and the Professional Qualifications Directive (2005/36/EC). Collectively these directives permit EEA lawyers to provide services freely cross border within the EEA, to estblish and provide legal services in host as well as home country and international law and to requalify as a host country lawyer. There are limitations on the applicability of the Establishment Directive to EEA and Swiss lawyers holding specific legal titles and EEA (or Swiss) nationality. Provisions covering trade in services are included in the EU's Free Trade Agreements (FTAs) with South Africa, Mexico, Chile, Colombia, Peru, Central America and Korea. Of these, only the agreement with Korea covers legal services explicitly and on the EU side offers no concessions beyond those offered to other members of the WTO.  Slovakia has specified in the EU-Korea FTA that full admission to the Bar is subject to a nationality condition.  The EU's other FTAs simply contain a commitment from both sides to 'progressive liberalisation' of trade in services. Negotiations for future FTAs which might include provisions on legal services are ongoing with: Mercosur, Gulf Cooperation Council, Canada, India, Morocco, Ukraine, Moldova, Georgia, Armenia, Singapore, Malaysia, Vietnam.

Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?

Lawyers from within the EU, EFTA or Switzerland are covered by the various EU directives covering legal services (The Lawyers' Establishment Directive 98/5/EC, the Lawyers Services Directive 77/249/EC). The result of these directives is that any EU, EFTA or Swiss lawyer can provide legal assistance in Luxembourgish as well as foreign and international law and can requalify as a Luxembourg avocat.  Foreign lawyers from outside the EU,EFTA or Switzerland are more restricted in their scope of practice.

There are around 15 foreign law firms in Slovakia, including Czech, Austrian, German, UK and US firms.

The provision of temporary services in Slovakia by a lawyer from a non-EU Member State under his/her home title is not permitted. EEA lawyers may practise temporarily as a result of the Lawyers Services Directive (77/249/EEC).

Slovakia is one of the 25 countries in Europe that has signed the Schengen agreement. This allows a non-EEA national to obtain a visa to enter one or more of the Schengen countries for business or tourism purposes on a single visit of up to 90 days, or to make multiple entries to the Schengen area on any number of occasions over a 180 day period, provided none of these is for longer than 90 days.  A number of non-EEA countries are exempt from visa requirements.

Can a foreign lawyer obtain a licence to establish and practise as a foreign legal consultant and what is the scope of this limited licence?

Slovakia distinguishes between three types of non-Slovak lawyers: a) EEA lawyers who have similar rights to Slovak lawyers but who must practise in association with a Slovak lawyer if they are practising Slovak law;  b) a foreign registered lawyer  - a lawyer of any OECD Member State whose name is entered on the roll of foreign registered lawyers maintained by the Bar, c) an international legal practitioner - a national of any WTO Member State, who is in his home Member State authorised to pursue his professional activities and provide legal services as a sole practitioner and without any limitations, and whose name is entered on the roll of international legal practitioners maintained by the Bar.

An EEA lawyer must register with the relevant local bar in Slovakia, practise under his home title and comply with the Slovak code of conduct.

An EEA lawyer must hold EEA nationality and an EEA legal qualification.

Arbitration in Slovakia is modelled after UNCITRAL and the body responsible is the Court of Arbitration of the Slovak Chamber of Commerceand Industry.  There are no prohibitions on foreign lawyers being involved in arbitration in Slovakia.

Are foreign lawyers allowed to appear in court under any circumstances?

European Union/EFTA and Swiss lawyers may appear in court provided they do so in association with a local lawyer. Other nationals are not permitted to appear in court.

Can foreign lawyers requalify as local lawyers?

Can a foreign law firm obtain a licence to open an office?

Only EEA law firms may open offices in Slovakia, lawyers from other countries must practise as individuals.

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

Foreign law firms may only consist of Slovak lawyers and, European lawyers, it must take an unlimited liability form and maintain Professional Indemnity Policy cover with a minimum indemnity limit of EUR 1,500,000 per member.

No

No

There are no restrictions on the ownership share of EEA lawyers in a Slovakian law firm.

There is no prohibition on employment of a Slovakian lawyer by an EEA lawyer or law firm.

A Slovakian lawyer may enter partnership with an EEA lawyer.

Yes but only under their home title.

Other useful sources or comments or links

Slovenská Advokátska Komora (Slovak Bar Association): http://www.sak.sk/