MONTENEGRO Negotiating Team for the Accession of Montenegro

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MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 3 - Freedom to Provide Services Bilateral screening: Chapter 3 PRESENTATION OF MONTENEGRO

Chapter 03: Right of establishment and freedom to provide services LAWYERS Vuksanovic Chamber of

Chapter 03: Right of establishment and freedom to provide services LAWYERS Vuksanovic Chamber of Economy E-mail: [email protected] me MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

Chapter 03: Right of establishment and freedom to provide services Relevant Acquis • Council

Chapter 03: Right of establishment and freedom to provide services Relevant Acquis • Council Directive of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (77/249/EEC) • Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained • Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications • Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

Chapter 03: Right of establishment and freedom to provide services National Legislation Ø Constitution

Chapter 03: Right of establishment and freedom to provide services National Legislation Ø Constitution of Montenegro (“Official Gazette of Montenegro”, no. 1/07) Ø Law on Lawyer Profession (“Official Gazette of Montenegro”, no. 79/06) Ø Law on Judiciary Exam (“Official Gazette of Montenegro”, no. 52/04) • Statute of the Bar Chamber (“Official Gazette of Montenegro”, no. 34/05 and 50/07) • Codex of Lawyers Professional Ethic MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

Chapter 03: Right of establishment and freedom to provide services Legal Aid Constitution provides

Chapter 03: Right of establishment and freedom to provide services Legal Aid Constitution provides by Article 21: “Everyone shall have the right to legal aid. Legal aid shall be provided by the Bar, as an independent and autonomous profession, and by other services”. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

Chapter 03: Right of establishment and freedom to provide services Notion of Legal Aid

Chapter 03: Right of establishment and freedom to provide services Notion of Legal Aid According to the Law on Lawyer Profession, legal aid means: 1) giving legal advices and opinions 2) making claims, appeals, complaints etc. 3) making contracts, testaments and other legal acts 4) representing before the courts natural and legal persons 5) representing natural and legal persons in all their legal activities 6) conducting other tasks on behalf and for account of natural and legal persons MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

Chapter 03: Right of establishment and freedom to provide services CONDITIONS Lawyer acquires the

Chapter 03: Right of establishment and freedom to provide services CONDITIONS Lawyer acquires the right to practice law as a lawyer after registration in the List (Directory) of Lawyers and the oath ceremony. Access to the Directory of Lawyers is granted to a person who meets the following conditions: - to be a citizen of Montenegro - be a graduate from a law school or a law school degree earned in a foreign country recognized in accordance with the regulations governing the field of higher education - has passed the judiciary exam and bar exam - that is not employed - not to pursue another registered business - it is worthy for the practice of law in accordance with the Code of Lawyer Professional Ethics - not be convicted for a criminal offense which makes him/her non appropriate MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

Chapter 03: Right of establishment and freedom to provide services FORMS OF PROVIDING LAWYER

Chapter 03: Right of establishment and freedom to provide services FORMS OF PROVIDING LAWYER SERVICE Attorney (lawyer) may practice independently, in Joint Lawyer's Office and in Law Firm Partnership. Two or more lawyers may have a Joint Lawyer's Office may be founded by a contract governing the mutual business and property relations. Joint Lawyer's Office is registered in the List of Joint Lawyer's Office. Two or more lawyers may establish Law Firm Partnerships. The Law Firm is a legal entity. The company is established by contract. The contract on the establishment of the Law Firm is subject to revision of the Bar Chamber. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

Chapter 03: Right of establishment and freedom to provide services INSTITUCIONAL FRAMEWORK - Ministry

Chapter 03: Right of establishment and freedom to provide services INSTITUCIONAL FRAMEWORK - Ministry of Justice and Human Rights - The Bar Association MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

Chapter 03: Right of establishment and freedom to provide services The Bar Association is

Chapter 03: Right of establishment and freedom to provide services The Bar Association is mandatory, independent and professional organization of lawyers who are based in Montenegro. Composition of Bar Association: Assembly, Board, President and one vice president, Audit Committee, Disciplinary Prosecutor, Disciplinary Court, Higher Disciplinary Court MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

Chapter 03: Right of establishment and freedom to provide services Remarks: Lawyer from other

Chapter 03: Right of establishment and freedom to provide services Remarks: Lawyer from other state is entitled to appear before the court and other authorities in Montenegro, under the condition of reciprocity. Access to the List (Directory) of Lawyers is granted only for lawyers who have Montenegrin citizenship. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

Chapter 03: Right of establishment and freedom to provide services Future Activities Ø Amendments

Chapter 03: Right of establishment and freedom to provide services Future Activities Ø Amendments to the Law on Lawyer Profession in order to implement relevant acquis MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

Thank you for your attention. QUESTIONS

Thank you for your attention. QUESTIONS