Bulgaria: recognition of EU-qualified lawyers

The Supreme Bar Council has changed its rules to allow advocates from other EU countries to practise law in Bulgaria.

The changes are designed to comply with EU law requiring cross-recognition of legal qualifications by member states. It means that:

• citizens of another EU member state with an advocacy qualification from that member state may become partners in a Bulgarian law firm as long as they are registered with the Bulgarian Unified Registry of Foreign Advocates
• those who satisfy these criteria and also belong to a law firm in their home member state may add that firm’s name to the Bulgarian law firm’s name (as long as its articles of incorporation allow this and the name complies with the restrictions in Article 59 of the Bar Act)

However, Article 59 of the Bar Act requires that the name of any Bulgarian law firm should comprise only the words "law firm" and the names of one or more partners.

This means that, unless the Bar Act is amended, Bulgarian advocacy firms belonging to an international group of law firms cannot use the international firm name unless it is also the name of one of the foreign lawyers who is to become a partner in the Bulgarian firm. This does not comply with EU law.

To ensure full compliance with EU law, the Bar Act needs to be amended to give express rights to EU-qualified lawyers:

• to become partners in all forms of joint practice available to Bulgarian lawyers
• to practise in a Bulgarian advocacy firm using the same name as their home country firm
• to set up branches and agencies of their home country law firm in Bulgaria
• to enjoy equal treatment with Bulgarian advocates to the extent permitted by EU and national law

Law: Regulation No. 3 of 29 October 2004 on the Operation and Maintenance of the Registries of the Bar Councils; EC Directive 98/5/EC