REFOTRA

The recognition of foreign training activities for lawyers (i.e. training pursued by EU lawyers in a Member State other than the one where they are registered) is an issue discussed for some years by the Training Committee.

In February 2017, the CCBE Memorandum on Mutual Recognition of Lawyers’ Cross-Border Continuing Professional Development, was signed by 40 European Bars and Law Societies. The Memorandum was an important step towards mutual recognition. Through this Memorandum the signatory parties agreed that:

“The number of CPD course hours attended or CPD credits of the training courses obtained by lawyers enrolled in a Bar or Law Society of a member country, should be considered in their signatory jurisdiction of origin to help fulfil their requirements of CPD obligations, in accordance with national, regional or local rules or regulations and without prejudice to each national, regional or local evaluation system.”

Major objectives and phases of REFOTRA project

The project was divided into 3 different phases, and each phase dealt with an important objective:

1. to complete the research undertaken by the CCBE in 2015 and 2016 on national mandatory continuing training regimes in order to have a full understanding of the current situation of mutual recognition of cross-border training in EU Member States;
2. to produce recommendations;
3. to evaluate with Bars and Law Societies of some EU Member States as to how recognition based on the recommendation(s) would work.

In the margins of the Phase 1 of the project REFOTRA questionnaire on continuing legal education was developed by a core group, it was supported by the Training committee of CCBE and it was sent to CCBE member Bars on 1 October 2018.

The results of the questionnaire were compiled in the Assessment report on the situation in EU and EEA Member States regarding recognition of foreign training. The report was presented for information to the CCBE Standing committee on 29 March 2019.

The CCBE’s recommendations on solutions to facilitate the recognition of cross-border training were approved in July 2019 as a result of the Phase 2.

During the Phase 3 of the project the proposed certificate template for cross-border CLE training was tested by volunteer Bars, Law Societies and training providers. 

According to the Grant agreement signed with the EC, at least the three bars participating throughout the project in the core project team would participate in the test phase. These bars were:

• Ireland – Law Society of Ireland
• Italy – Consiglio Nazionale Forense (CNF)  
• Poland – Krajowa Izba Radców Prawnych – The National Bar Council of Attorneys-at-Law (KIRP)

An invitation went out to other bars to join the test as well, and there was a positive response from several Bars: 

• Belgium – Barreau de Bruxelles (Ordre Français) – French-speaking Bar of Brussels
• Finland – Finnish Bar Association
• Germany (Rechtsanwaltskammer Frankfurt am Main – Frankfurt Bar; Rechtsanwaltskammer München – Munich Bar; Rechtsanwaltskammer Köln – Cologne Bar)
• United Kingdom (Faculty of Advocates, Scotland; Law Society of England and Wales)

In addition, the International Association of Young Lawyers (AIJA) participated through the issue of template certificates to participants at their annual conference in Rome in September 2019.

There were two kinds of test undertaken during Phase 3 – real testing and simulated testing (because of concerns that not sufficient number of real template certificates would be returned within the short period during which the test ran).

The number of certificates used as well as feedback received was assessed. As a result, the Phase 3 evaluation report was prepared with conclusion “in the light of the positive experiences reported during the project’s test phase, and if individual bars decide to support it, the REFOTRA certificate template is suggested for use to facilitate the recognition of cross-border continuing legal education within the EU”.

This document was agreed by the CCBE Training committee and presented to the Standing committee of the CCBE for information on 26 June 2020.