Amendments of laws affecting British legal practitioners in Austria in consultation

The ability of British lawyers to continue to practice in Austria may be addressed by an amendment to the RAO

Currently British citizens are able to practice in the legal profession in Austria due to equivalence of EU citizens in the Rechtsanwaltsordnung. To be entered into the Liste der Rechtsanwälte (list of lawyers) or Liste der Rechtsanswaltsanwärter (list of trainee lawyers) held by a Rechtsanwaltskammer, you are required to be a citizen of an EU Member State, EEAEEA The European Economic Area (EEA) consists of the 27 EU Member States as well as Iceland, Liechtenstein and Norway. The United Kingdom is not part of the EEA. Signatory State or Switzerland. As things stand, therefore British citizens will lose their ability to work as a lawyer in Austria at the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government. (ie. the end of 2020).

Currently an amendment to the Rechtsanwaltsordnung (RAO) and the law that governs “passporting” for lawyers (EIRAG) is in public consultation through the Ministry of Justice until that will permit those entered in the list of lawyers or list of trainee lawyers by the end of the transition period to be able to continue to practice in Austria. However, such recognition is contingent on reciprocity (ie. continuing equivalence for Austrian lawyers in the UK).

Link to Consultation of amendments to RAO and EIRAG (in German)

Note: has previously contacted the British Embassy to cover this issue, but did not receive any conclusive answer, or any advice about the consultation of the amendment to the RAO and EIRAG, and we have duly informed the British Embassy that the consultation is currently ongoing.

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