Procurador, notary and judge: can foreigners enter?

Terms used

• Oposición — The oposición is a competitive state exam, with limited places, that candidates must pass to enter public-law roles like judge or notary.
• Notario — The notario is a public official who authenticates documents such as property deeds and must be a Spanish national.
• Procurador — The procurador is a court representative who files and handles procedural paperwork for parties in Spanish courts.
• Colegiación — The colegiación is registration with a professional body, here the Colegio de Procuradores, required before you can practise.

Key rules

• Notary, judge, prosecutor: Notaries, judges and prosecutors must be Spanish nationals, so foreign nationals, including EU citizens, cannot enter these roles.
• Procurador: Foreigners, especially EU nationals, can qualify as procurador, but need the training, the state exam and registration.
• Foreign degree: A law degree from another country must be recognised in Spain before you can use it.

Judge, prosecutor and notary: closed to foreigners

These three roles are closed to foreign nationals, and that includes EU citizens. You need Spanish nationality before you can apply, and there is no route around it.

Spanish nationality is only the first requirement. In practice you also need:

• a Spanish law degree (grado or licenciatura en Derecho);
• full civil capacity and no disqualifying criminal record;
• a pass in the oposición, a competitive state exam with limited places.

If you later become a Spanish national, the door opens. The path is then the same as for any Spanish candidate.

Judge and prosecutor

Judges (jueces and magistrados) and fiscales (prosecutors) pass the oposición. They then train at the Escuela Judicial in Barcelona or at the Centro de Estudios Jurídicos.

Notary

A notario passes its own oposición, run by the Ministry of Justice. Nationality, the degree and a clean record are all required.

Procurador: open to some foreigners

A procurador represents parties in Spanish courts. Unlike the roles above, this one is not limited to Spanish nationals. EU nationals can qualify. Others may be able to, if their own country's law allows it.

You need to:

1. Hold a Spanish law degree or an equivalent. A degree from another country must first be recognised in Spain.
2. Complete the official training: a master's degree that gives access to the procuraduría.
3. Pass the state exam.
4. Register (colegiación) with a Colegio de Procuradores. You cannot practise without it.

Check the recognition of your degree and the registration conditions with the Colegio de Procuradores in the town where you want to work.

The questions below cover common doubts, such as EU citizens and foreign degrees.

Frequently asked questions

Can a non-Spanish EU citizen become a procurador?

Yes, EU nationals can qualify as a procurador, because the role is not limited to Spanish nationals. You need a Spanish law degree or a recognised equivalent, the official professional qualification and registration with a Colegio de Procuradores. A procurador is the court representative who files and follows your case papers.

What happens if my law degree is from another country?

Your foreign law degree has to be recognised before you can follow the procurador route. After that you still need the access training, the state exam and registration at the local Colegio de Procuradores.

What training does a judge or prosecutor do after the exam?

After passing the oposición, future judges and prosecutors (fiscales) train at the Escuela Judicial in Barcelona or the Centro de Estudios Jurídicos. You also need a law degree, full civil capacity and no disqualifying record, but Spanish nationality comes first.

Does a notary need anything besides the exam?

Yes, a notario needs a law degree, full civil capacity and no disqualifying criminal record, as well as passing the state exam. The exam is run through the Ministry of Justice, so there is no separate route for foreign lawyers.