The possibility of becoming a lawyer in Spain to register as avvocato in Italy is commonly known by the future Italian lawyers as the spagnola. The process is based on the homologation in Spain of a title of Attorney at foreign law for later colegiar and have access to the exercise of the race in Italy. The reason behind this practice is to avoid durisimos requirements required in Italy for access to the profession of lawyer. This possibility is a consequence of the Spanish, Italian and European regulatory interaction that we explain below: in Spain access to the profession of lawyer is regulated by the General Statute of lawyers (Royal Decree n. 658 of 22 June 2001), where it is only required to become a lawyer be in possession of the diploma of Bachelor of law or the recognition of foreign qualifications which are comparable for this and colegiar are in a Colegio de Abogados.
However, in the framework of the European Union, Spain is an exception. Other Member countries require that after achieving the title of Licenciado en Derecho, postgraduate courses are carried out, a determined practical experience is gained, and a review of empowerment has been exceeded. That is the case in Italy, where graduates in law perform an internship of 2 years after which you must face the fearsome esame di Stato which consists of oral and written tests and a total of 7 months it takes since it starts until the candidate definitely becomes Attorney (Legislative Decree 2 febbraio 2001(, no. 96). The problem arises when this review presents rates of unfit of up to 50% in some cities, which are excluded from the profession until they finally overcome. In this context of inequality in Europe in the field of access to the legal profession, Directive 98/5/EC of 16. 2. 98 was a small revolution for professionals of the right of the Member countries of the European Union, to establish freedom of movement and thus opened the possibility to practise law in any of the other States of the Union regardless of where the lawyer qualification has been achieved.