MUTUAL RECOGNITION OF QUALIFICATIONS 
OF LEGAL PROFESSION  [ S.L.12.17 1
SUBSIDIARY LEGISLATION 12.17
MUTUAL RECOGNITION OF QUALIFICATIONS OF 
LEGAL PROFESSION REGULATIONS
1st May, 2004
LEGAL NOTICE 273 of 2002, as amended by Legal Notice 55 of 2004.
Citation and 
commencement.
Amended by:
L.N. 55 of 2004.
1. (1) The title of these regulations is the Mutual Recognition
of Legal Profession Regulations.
(2) These regulations shall come into force on 1st May, 2004.
Interpretation.
Cap. 12.
"Commission" means the Commission for the Administration of
Justice established by article 101A of the Constitution;
Cap. 450.
"designated authority" shall have the meaning assigned to it
under the Mutual Recognition of Qualifications Act, and in regard
to the legal profession, refers to the President of Malta;
"effective and regular pursuit" means actual exercise of the
activity without any interruption other than that resulting from the
events of everyday life;
"home Agreement State" means the Agreement State in which a
legal professional acquired the right to use one of the professional
titles specified by the Minister responsible for justice from time to
time, in schedules to be annexed to these regulations;
"home-country professional title" means the professional title
used in the Agreement State in which a legal professional acquired
the right to use that title before practising the legal profession in
Malta;
"legal professional" means any person who is a citizen of an
Agreement State and who is authorised to pursue his professional
activities under one of the professional titles corresponding to that
of advocate and legal procurator as may be specified by the
Minister responsible for justice from time to time, in Schedules to
be annexed to these regulations and "legal profession" shall be
construed accordingly;
"relevant professional title" or "relevant profession" means the
professional title or profession governed by the designated
authority in Malta.
Right to practice 
under the home-
country 
professional title.
3. Any legal professional shall be entitled to pursue on a
permanent or temporary basis in Malta under his home-country
country professional title, the activities specified in regulation 7.
Registration with 
the designated 
authority.
4. (1) A legal professional who wishes to practise in Malta
although he obtained his professional qualification in his home
Agreement State shall register with the designated authority.
(2) The designated authority shall register the legal
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MUTUAL RECOGNITION OF QUALIFICATIONS 
OF LEGAL PROFESSION 
professional upon presentation of a certificate attesting to his
registration with the competent authority in the home Agreement
State.
(3) The designated authority may require that, when presented
by the competent authority of the home Agreement State, the
certificate be not more than three months old.
(4) The designated authority shall inform the competent
authority in the home Agreement State of the registration in Malta.
Practice under the 
home-country 
professional title.
5. (1) Where a legal professional is practising in Malta under
his home-country professional title, such title shall be expressed in
the official language or one of the official languages of his home
Agreement State, in an intelligible manner and in such a way as to
avoid confusion with the professional title used in Malta.
(2) For the purpose of applying subregulation (1), the
designated authority may require a legal professional practising
under his home-country professional title to indicate the
professional body of which he is a member in his home Agreement
State or the judicial authority before which he is entitled to practise
pursuant to the laws of his home Agreement State.
(3) The designated authority may also require a legal
professional practising under his home-country professional title to
include a reference to his registration with the competent authority
in that state.
Like treatment as a 
legal professional 
in Malta.
S.L.450.01
6. (1) A legal professional practising under his home-country
professional title in Malta may, at any time, apply to have his
degree recognised in accordance with Part One of the Mutual
Recognition of Professional Education and Training Regulations,
with a view to gaining admission to the legal profession in Malta
and practising it under the professional title corresponding to the
profession in Malta and shall not start to so practice before he has
obtained such recognition.
(2) A legal professional practising under his home-country
professional title who has effectively and regularly pursued for a
period of at least three years an activity in Malta in Maltese law
shall, with a view to gaining admission to the legal profession in
Malta, be exempted by the designated authority from the conditions
set out in regulation 9(2) of the Mutual Recognition of Professional
Education and Training Regulations.
(3) It shall be for the legal professional concerned to furnish
the designated authority with proof of such effective regular pursuit
for a period of at least three years of an activity in Maltese law. To
that end:
( a ) the legal professional shall provide the designated
authority with any relevant information and
documentation, notably on the number of matters he
has dealt with and their nature;
( b ) the designated authority may verify the effective and
regular nature of the activity pursued and may, if need
be, request the legal professional to provide, orally or
MUTUAL RECOGNITION OF QUALIFICATIONS 
OF LEGAL PROFESSION  [ S.L.12.17 3
in writing, clarification of, or further details on, the
information and documentation mentioned in
paragraph ( a ).
Cap. 450.
(4) When an exemption in accordance with subregulations (2)
and (3) is not granted, the designated authority shall state the
reasons for such refusal and the decision shall be subject to appeal
before the Mutual Recognition of Qualifications Appeal Board
established under article 7 of the Mutual Recognition of
Qualifications Act.
S.L.450.01
(5) A legal professional practising under his home-country
professional title who has effectively and regularly pursued a
professional activity in Malta for a period of at least three years but
for a lesser period in Maltese law may obtain from the designated
authority admission to the legal profession in Malta and the right to
practise it under the professional title corresponding to the
profession in Malta without having to meet the conditions referred
to in regulation 9(2) of the Mutual Recognition of Professional
Education and Training Regulations, under the conditions and in
accordance with the procedures set out below:
( a ) The designated authority shall take into account the
effective and regular professional activity pursued
during the above-mentioned period and any knowledge
and professional experience of Maltese law, and any
attendance at lectures or seminars on Maltese law,
including the rules regulating professional practice and
conduct.
( b ) The legal professional shall provide the designated
authority with any relevant information and
documentation, in particular on the matters he has
dealt with. Assessment of the legal professional's
effective and regular activity in Malta and assessment
of his capacity to continue the activity he has pursued
shall be carried out by means of an interview with the
designated authority in order to verify the regular and
effective nature of the activity pursued.
Cap. 450.
(6) When an authorisation in accordance with sub-regulation
(5) is not granted, the designated authority shall state the reasons
for such refusal, and the decision shall be subject to appeal before
the Mutual Recognition of Qualifications Appeals Board
established under article 7 of the Mutual Recognition of
Qualifications Act.
Cap. 450.
(7) The designated authority may, by reasoned decision subject
to appeal before the Mutual Recognition of Qualifications Appeals
Board established by article 7 of the Mutual Recognition of
Qualifications Act, refuse to allow the legal professional the
benefit of the provisions of this Regulation if it considers that this
would be against public policy, in particular because of disciplinary
proceedings, complaints or incidents of any kind.
(8) The designated authority entrusted with consideration of
the application shall preserve the confidentiality of any information
received.
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MUTUAL RECOGNITION OF QUALIFICATIONS 
OF LEGAL PROFESSION 
(9) A legal professional who gains admission to the legal
profession in Malta in accordance with subregulations (1) to (6) of
this regulation shall be entitled to use his home-country
professional title, expressed in the official language or one of the
official languages of his home Agreement State, alongside the
professional title corresponding to the legal profession in Malta.
Areas of activity. 7. (1) A legal professional practising under his home-country
professional title carries on the same professional activities as a
legal professional practising under the relevant professional title
used in Malta and may,  inter alia , give advice on the law of his
home Agreement State, on international law and on the law in
Malta. He shall in any event comply with the rules of procedure
applicable in the Maltese courts.
(2) Legal professionals whether practising under a home-
country professional title or under the relevant professional title
shall not practise as a Notary Public in Malta.
(3) For the pursuit of activities relating to the representation or
defence of a client in legal proceedings and insofar as the law in
Malta reserves such activities to legal professionals practising
under the relevant professional title, the designated authority shall
require legal professionals practising under their home-country
professional titles to work in conjunction with legal professionals
who practise before the Maltese Courts and who would, where
necessary, be answerable to such courts.
Rules of 
professional 
conduct applicable.
8. Irrespective of the rules of professional conduct to which
he is subject in his home Agreement State, a legal professional
practising under his home-country professional title shall be
subject to the same rules of professional conduct as legal
professionals practising under the relevant professional title in
respect of all the activities he pursues in Malta.
Disciplinary 
proceedings.
9. (1) In the event of failure by a legal professional practising
under his home-country professional title to fulfil the obligations in
force in Malta, the rules of procedure, penalties and remedies
provided for in Malta shall apply.
(2) Before initiating disciplinary proceedings against a legal
professional practising under his home-country professional title,
the Commission shall inform the competent authority in the home
Agreement State as soon as possible, furnishing it with all the
relevant details.
(3) Subregulation (2) shall apply  mutatis mutandis  where
disciplinary proceedings are initiated by the competent authority of
the home Agreement State, which shall inform the Commission
accordingly.
(4) Without prejudice to its decision-making power, the
Commission shall to-operate throughout the disciplinary
proceedings with the competent authority in the home Agreement
State. In particular, the Commission shall take the measures
necessary to ensure that the competent authority in the home
Agreement State can make submissions to the bodies responsible
MUTUAL RECOGNITION OF QUALIFICATIONS 
OF LEGAL PROFESSION  [ S.L.12.17 5
for hearing any appeal.
(5) The competent authority in the home Agreement State shall
decide what action to take, under its own procedural and
substantive rules, in the light of a decision of the Commission
concerning a legal professional practising under his home-country
professional title.
(6) Although it is not a prerequisite for the decision of the
Commission, the temporary or permanent withdrawal by the
competent authority in the home Agreement State of the
authorisation to practise the profession shall automatically lead to
the legal proCessional concerned being temporarily or permanently
prohibited from practising under his home-country professional
title in Malta.
Salaried practice.
country professional title may practise as a salaried legal
professional in the employ of another legal professional, an
association or firm of legal professionals, or a public or private
enterprise to the extent that the designated authority so permits for
legal professionals registered under the professional title used in
Malta.
Decision of the 
designated 
authority and 
appeal.
Amended by:
L.N. 55 of 2004.
11. (1) The designated authority shall consider an application
as soon as it is reasonably practicable, and shall notify the
applicant of its decision together with the reasons upon which it is
based provided that such condideration shall be limited to an
evaluation of the appliucant’s qualifications.
Cap. 450.
(2) A remedy for the applicant shall be available against such
decision before the Mutual Recognition of Qualifications Appeals
Board established under article 7 of the Mutual Recognition of
Qualifications Act.
Co-operation 
between the 
designated 
authority and the 
counterpart body in 
the home 
Agreement State 
and confidentiality.
12. (1) In order to facilitate the application of these
regulations and to prevent these provisions from being misapplied
for the sole purpose of circumventing the rules applicable in Malta,
the designated and the counterpart authority and the counterpart
body in the home Agreement State shall collaborate closely and
afford each other mutual assistance.
(2) Both authorities mentioned in subregulation (1) shall
preserve the confidentiality of the information they exchange.
