Applicant n.

4228407

Competition EPSO/AD/333/16 - Greek-language (EL) lawyer-linguists (AD 7):

Requirement of a law degree in Greek - Cypriot applicants
Concerns the application of Helene Josephides - Applicant number 4228407
1. Introduction
I take the liberty to write to you concerning the requirements of studies in law in the Greek
language for the competition EPSO/AD/333/16 - Greek-language (EL) lawyer-linguists (AD 7).
According to the competition notice:
You must have a level of education which corresponds to completed
university studies in law in the Greek language attested by the following
diploma: . To determine whether a candidate has attained
a level corresponding to completed university studies, the selection board
will take into account the rules in force at the time when the diploma was
awarded.
I would request that you consider that my qualifications as holder of a law degree and as a lawyer
registered with the Cyprus Bar Association correspond to at least the requirement of completed
university studies in law in the Greek language, thus making me eligible for the present
competition.
2. My background
I was born in Greece, a Cypriot and French citizen. I spent my early years in Greece and France
before moving to Cyprus, where I completed secondary school in Greek with honours. Given that
there was no State-recognised law degree offered in Cyprus and with a scholarship of the French
and Cypriot Governments, I decided to start my legal studies in France. In 2009 I obtained my
Degree in Law (Licence) from the University of Paris I Panthon-Sorbonne, recognised as a law
degree for the purpose of registering as a lawyer () in Cyprus (see Cypriot Lawyers
Law). Thereafter, I pursued post-graduate studies in Canada and Ireland where I specialised in
international law.
In 2012 I completed the compulsory practical experience, a prerequisite for registering as a lawyer,
by doing an internship at the Cypriot Attorney Generals office. There, I worked mainly in Greek
but also in English. I attended classes to prepare for the Cypriot Bar exams. The Bar exam included
all major parts of Cypriot law: Constitutional Law, Administrative Law, Tort, Contract Law,
Criminal Law, Law on Courts and Code of Conduct Regulations, Property Law, Family Law, Civil
Procedure, Evidence Law. I successfully passed every single exam in the Greek language. Since
2013, I am registered as a lawyer in Cyprus.
3. The situation in Cyprus
The first State-recognised law degree in Cyprus only started being offered in 2008, with the first
graduates obtaining their diploma () in 2012 (see University of Cyprus Department of Laws

Applicant n. 4228407

website: http://www.ucy.ac.cy/law/en/welcome-message). Therefore, it was impossible for Cypriots

having graduated before 2012 to obtain their undergraduate law degree in Greek in their home
country. For decades, Cypriots had to go abroad to study law.
Studying law in Greece is not necessarily the most obvious choice for Cypriots, as the legal system
of Cyprus is largely based on the common law tradition and is thus very different to Greek law
taught in Greek universities. For this reason, for many years, most of Cypriots studying law do so in
the United Kingdom. At the moment, the very great part of the lawyers practicing in Cyprus have
not been trained in Cypriot law at University in the Greek language. Their competence to practice
Cypriot law in Greek is acquired and evidenced through their legal training and the Cypriot Bar
exams which cover all major parts of Cypriot law.
4. The purpose of the present competition
The competition seeks lawyer-linguists who would be able to revise EU legal texts in Greek. Greek
is the official language of Greece and of Cyprus. The EU legal texts in Greek would be relevant for
Greece and Cyprus and of both Member States citizens. The legal traditions of Greece and Cyprus
being very different, it is particularly important that lawyers working for the EU institutions are
acquainted with either of the two traditions, but that both traditions are represented among EU
officials. See also Article 27 of the Staff Regulations: Recruitment shall be directed to securing for
the institution the services of officials of the highest standard of ability, efficiency and integrity,
recruited on the broadest possible geographical basis from among nationals of Member States of the
Communities. No posts shall be reserved for nationals of any specific Member State..
The objective of recruiting lawyers able to revise EU legal texts in Greeks can be achieved by
looking for candidates holding a Greek-language law degree. The Greek law degree cannot be the
only way of achieving this objective. The same objective can be achieved by looking at candidates
who are qualified to practice as lawyers in a Greek-speeking Member State. Candidates who are
registered as lawyers in Cyprus have a qualification equivalent in terms of language capacity to
candidates holding a Greek-language law degree. Legal competence aside, such candidates have
demonstrated through passing the exams in Greek that they can conduct legal work in Greek and
that they master the Cypriot legal system.
Furthermore, according to the Notice of Competition (Annex I - Duties): The European Union
institutions recruit highly qualified lawyers, who must be able to revise European Union legal texts
in the language of the competition from at least two other languages (). Candidates who have
obtained a law degree in another language than Greek and are also trained in law in Greek or
Cypriot law through other means are much more likely to master another language, and at a higher
level than candidates who studied the other language in a non-legal context. Thus, candidates with a
non-Greek law degree are much more likely to be highly qualified if they can also demonstrate
capacity to work in a legal context in Greek.
5. Possible discrimination against Cypriot lawyers
Requiring a law degree in Greek for Cypriot jurists would be a flagrant discrimination based on the
language and on the age of the candidates comparing to Greek candidates. More precisely, it would
be a discrimination against Cypriots, especially those who have graduated before 2012 to require
exclusively a law degree in Greek, since there was absolutely no possibility for a Cypriot to obtain a

Applicant n.4228407

law degree in Cyprus (in Greek) before 2012. Greek candidates would have an important advantage
compared to Cypriot candidates, having a law degree offered in their home country.
While it can seem appropriate to require a law degree in the language of the competition, it cedes to
be so if this very requirement constitutes a disproportionate and unjustified discrimination against a
proportion of the candidates. While a requirement for excellent command of three languages is a
legitimate requirement, a law degree in the competition language should not be compulsory if the
candidate proves sufficiently an equivalent knowledge by other means. In this case, not doing so,
puts in a considerable disadvantage all Cypriot candidates, especially those who graduated before
2012. Having passed the Bar exam in Greek and admitted to the Bar Association by the Legal
Council of the Member State should be a proof of sufficient command of Greek for the purposes of
the competition.
Excluding all Cypriots who were not able to study in a specific foreign country, in this case
Greece, would be contrary to the interests of the service as it would undermine the
consistency of EU legal texts in Greek as official language of Greece and Cyprus.

6. Cypriot Lawyers Law and my case

According to the Cypriot Lawyers Law Chapter 2 paragraph 4 d) i), University Graduates with a
Law degree, regardless where and in what language the degree was obtained, can register
themselves as lawyers, as long as their degree is recognized from the Legal Council:
4. o o v o o oo
oo o v o v
voo o o oo[]
() oooo o ov, (i) v oo o o o, o ooo o
o o o, oooo v
o,
(ii) v Barrister-at-Law , oo Iv
o Iv o ,
(iii) v oo o o o o o o
o, oooo v o vvo
o v oo Iv
o Iv:
o o o o o o o
vo o ovvo o o o
o o o,
(iv) v oo oo o o o, o ooo
o o o o, oooo o

Applicant n. 4228407

vo Io, o o oo v
v o voo o o v
o:
o o o oo o oooo oo
o oooo oo vo Io
v v o ov v
I oo vov oo (i), (ii) (iii)
My Licence en droit obtained in Universit Paris I Panthon-Sorbonne is indeed recognised by the
Cyprus Legal Council, fact that allowed me to register as a lawyer after passing the Bar exam.

7. Conclusion
I hereby respectfully request that my application be considered eligible, notably concerning
the requirement of a law degree corresponding to completed university studies in law in the
Greek language.

Yours faithfully,
Helene Josephides
Applicant number 4228407