Types of Legal Services

Legal services are provided by an attorney who is a member of the Bamberg Bar Association (Federal Republic of Germany), within the scope, forms, and limits permitted by the applicable national legislation, European Union law, international law, and the rules of professional legal ethics.

I. Legal Services within the European Union

The attorney provides legal advice and legal analysis on matters of European Union law, including, inter alia:

  • freedom of movement of persons, services, goods, and capital;
  • the functioning of the EU internal market;
  • migration and asylum law;
  • the European Union sanctions regime;
  • cross-border civil and commercial legal relations.
  • The attorney prepares legal opinions on:
  • the application of EU regulations and directives;
  • the case law of the Court of Justice of the European Union (CJEU);
  • the interaction between national law and EU law.

Legal and institutional framework:

  • Treaty on the Functioning of the European Union (TFEU);
  • case law of the Court of Justice of the EU;
  • standards of cross-border legal practice and the CCBE Code of Conduct.

ІІ. Legal Support and Protection of Interests within the EU

Within the limits permitted by the laws of the relevant Member States, the attorney provides:

  • legal support in cross-border matters;
  • assistance in pre-trial dispute resolution;
  • participation in mediation and arbitration proceedings;
  • legal support or representation before administrative authorities of EU Member States;
  • legal coordination of cases involving jurisdictional and conflict-of-laws issues.

Legal framework:

  • Regulation (EU) No 1215/2012 (Brussels I bis);
  • Regulation (EU) No 593/2008 (Rome I);
  • CCBE Code of Conduct.

ІІІ. Protection of Human Rights at the European Level

The attorney provides legal assistance in the field of human rights protection, including:

  • preparation and legal support of applications to the European Court of Human Rights;
  • legal analysis of the compliance of state authorities’ actions and legislation with:
  • the European Convention on Human Rights;
  • the case law of the European Court of Human Rights;
  • legal advice on freedom of expression, the right to information, and access to justice.

Legal framework:

  • European Convention on Human Rights (1950);
  • case law of the ECtHR;
  • CCBE documents and recommendations.

IV. Legal Services in the Federal Republic of Germany

Legal services are provided in consideration of membership in the Bamberg Bar Association and in accordance with the legislation of the Federal Republic of Germany.

1. Legal Advice and Legal Support

The attorney provides advisory and support services, including:

  • legal advice on German civil, migration, administrative, and EU law;
  • legal support for individuals and business entities;
  • drafting of contracts, applications, complaints, legal opinions, and other legal documents;
  • legal risk analysis and development of legal strategies in matters involving a foreign (cross-border) element;
  • advice on the application of German law in conjunction with EU law and international law.

Legal framework:

  • Section 3, Sections 43 and 43a of the Bundesrechtsanwaltsordnung (BRAO);
  • Legal Services Act (Rechtsdienstleistungsgesetz, RDG);
  • Legal Services Ordinance (RDV);
  • Rules of Professional Practice for Lawyers (BORA), insofar as general professional standards apply.

2. Representation and Protection of Interests

The attorney provides:

  • representation or legal support before administrative authorities of the Federal Republic of Germany;
  • participation in pre-trial and out-of-court procedures;
  • protection of the rights and legitimate interests of foreigners, refugees, journalists, and human rights defenders.
  • Court representation in Germany is carried out exclusively within the scope, forms, and cases permitted by the Bundesrechtsanwaltsordnung and procedural law, or jointly with a German-qualified lawyer (Rechtsanwalt), where required by law.

Legal framework:

  • Bundesrechtsanwaltsordnung (BRAO);
  • Code of Administrative Court Procedure (VwGO);
  • Code of Civil Procedure (ZPO).

3. Protection of Freedom of Expression and Media Law

Taking into account the attorney’s professional specialization, services include:

  • legal protection of honor, dignity, and business reputation;
  • legal support in matters related to the professional activities of journalists and media organizations;
  • legal analysis of interferences with freedom of expression in light of: Article 5 of the German Basic Law (Grundgesetz); Article 10 of the European Convention on Human Rights; strategic legal support in freedom of expression cases.

V. Legal Services in Other Jurisdictions

International Legal Practice

The attorney provides legal advice and support in matters relating to:

  • public international law and private international law;
  • cross-border legal relations;
  • international human rights protection;
  • participation in international legal, human rights, and analytical projects.