Qualified Lawyers from other EU Member States

European Union
(a) A person who is entitled to seek to practise the profession of Barrister in Ireland pursuant to EC Directive 89/48/EEC (‘the Directive’) and the regulations implementing same in Ireland (hereinafter called ‘the migrant’) may apply to be admitted to this Society and the degree of Barrister-at-Law in accordance with this rule. Only holders of the degree may be called to the Bar by the Chief Justice and admitted to practise in the courts of Ireland as members of the Bar of Ireland.

(b) The Council of King’s Inns (‘The Council’) is the Designated and the Competent Authority for the profession of Barrister in Ireland for the purpose of applying the Directive and shall make all necessary decisions on an application under this rule.

(c) A migrant shall apply to be admitted to the Society and the Degree of Barrister-at-Law in such form as may be specified by the Council. Such application shall include or be accompanied by

(i) particulars of the diploma or other evidence of training and qualifications relied upon by the migrant as entitling him to practise as a barrister in Ireland in reliance upon the Directive,

(ii) the original or a duly authenticated copy of every such diploma, certificate or other document relied upon by the migrant,

(iii) such evidence as is relied upon by the migrant to establish:

(1) that he is of good character and repute; and

(2) that he has not been declared or adjudged bankrupt or had a similar order made against him or in relation to his estate; and

(3) that he has not on the ground of professional misconduct or the commission of a criminal offence been prohibited from practising in any Member State in which he formerly qualified or practised and is not currently suspended from so practising,

(iv) such representations or evidence as the migrant may wish to make in support of any application that he be wholly or partially exempted from passing an aptitude test in accordance with paragraph (f) of this rule,

(v) any other representations or material upon which the migrant may wish to rely in support of his application, and

(vi) the migrant’s application fee set out in the schedule of fees.

(d) Any document or certificate presented by the migrant pursuant to sub-paragraph (iii) of paragraph (c) above must be presented no more than three months after its date of issue.

(e) The Council shall consider the migrant’s application as soon as is reasonably practical and shall issue to the migrant a reasoned decision thereon not later than four months after all documents relied upon by the migrant have been lodged. Such decision may be:

(i) that the migrant be admitted to the Society and degree of Barrister-at-Law by the Benchers without being required to pass any part of the aptitude test,

(ii) that the migrant be admitted to the Society and degree of Barrister-at-Law by the Benchers subject to the migrant passing the whole or any part of the aptitude test, or

(iii) that the migrant’s application be refused.

In reaching the foregoing decision the Council shall consider the diploma or other qualification of each migrant relied upon in his application and may only require the migrant to pass those parts of the aptitude test which cover matters which differ substantially from those covered by his diploma or other qualification.

(f) The migrant may be required to pass all or part of an aptitude test. The following shall apply in relation to the aptitude test.

(i) The aptitude test shall be in such form as decided by the Education Committee and shall comprise three written papers and one oral assessment.

(ii) The written papers shall include:

(1) A paper on Irish Legal System and Irish Constitutional Law.

(2) A paper on the Law of Torts and Contract and at the election of the migrant either the Law of Property (including Equity and Trusts) or Criminal law.

(3) A paper on Evidence, Practice and Procedure of the Superior Courts and, at the election of the migrant, either Civil Practice and Procedure of the Circuit and District Courts or Criminal Practice and Procedure of the Circuit and District Courts.

(iii) The oral assessment shall evaluate the migrant’s preparation and oral presentation of a case and his knowledge of the rules of ethics and code of conduct for barristers.

(iv) The written part of the aptitude test will be held twice a year upon such dates as may be determined by the Education Committee.

(v) A migrant shall not be eligible to take the oral assessment until such time as he shall have successfully passed such written parts thereof of the aptitude test as he is required to take.

(vi) A migrant who is required to pass the aptitude test must take all parts of the test (or all parts which he is required to pass) at the same occasion on which the test is held.

(vii) A migrant who is required to pass the aptitude test must take the test (or the relevant parts of the test) within two years after the date of the issue of the decision referred to in paragraph (e) hereof.

(g) Every migrant shall keep not less than two terms commons. The Council may permit a migrant to give an undertaking to comply with all or part of the obligation after call to the Bar or may exempt the migrant from all or part of this obligation.

(h) A migrant who has received a decision from the Council in terms of paragraph (e) (i) or (ii) above shall (upon successfully passing all or part of the aptitude test where applicable) and subject to compliance with paragraph (g) above be admitted to the Society and the degree of Barrister-at-Law by the Benchers upon lodging with the Under-Treasurer of the Society:

(i) a completed memorial for admission as a barrister (the certificate part of the memorial must be signed by a practising barrister who has been practising at the Bar of Ireland for ten years at least and the proposal part must be signed by a Bencher of the Society),

(ii) if permitted by the Council pursuant to paragraph (g) above to keep terms after call to the Bar, a written undertaking to do so, and

(iii) the degree fee set out in the schedule of fees.

(i) Upon being admitted to the Society and the degree of Barrister-at-Law a migrant is entitled to be called to the Bar of Ireland by the Chief Justice and admitted to practise in the courts of Ireland as a member of the bar of Ireland.

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