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S.L. 12.17 · Mutual Recognition Of Qualifications Of (S.L. 12.17)

S.L. 12.17 Art. 9Disciplinary proceedings.

In KraftAmtlicher Text

(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 Member State as soon as possible, furnishing it with all the relevant details.

(3) Subregulation (2) shall apply where mutatis mutandis disciplinary proceedings are initiated by the competent authority of the home Member 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 Member State. In particular, the Commission shall take the measures necessary to ensure that the competent authority in the home Member State can make submissions to the bodies responsible for hearing any appeal.

(5) The competent authority in the home Member 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 Member 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.

Änderungsgeschichte
  • Amended by L.N. 248 of 2004