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Recognition of Professional Qualification - Coggle Diagram
Recognition of Professional Qualification
Recognition of Professional Qualifications - Directive 2005/36/EC
Applies to:
Regulated professions (‘any professional activity access to or the pursuit of which is subject to the possession of specific professional qualifications’) pursued in either employed or self-employed capacity
Applies to both Article 45 Free Movement of Workers and Article 49 Freedom of Establishment
3 Routes
Route 2) automatic recognition for experience in some industrial and commercial sectors listed in an annex.
Route 3) is for the professions that were previously regulated by specific directives.
Route 1) applies in general to any profession that falls within the definition of regulated profession and is not otherwise regulated in the directive. Here the Vlassopoulou principles are implemented. Host MS must take into account diplomas and professional qualifications, and also professional experience acquired and perform a comparative evaluation of knowledge acquired and knowledge required. If there are discrepancies, it can apply compensatory measures, such as an aptitude test or additional training. This applies
(i) where a profession is regulated in both state of origin and host state and
(ii) when it is regulated in host State only-in which case host state has to take into account experience acquired in previous MS
Relevant Provisions
Article 2 - Scope
This Directive shall apply to all nationals of a Member State wishing to pursue a regulated profession in a Member State, including those belonging to the liberal professions, other than that in which they obtained their professional qualifications, on either a self-employed or employed basis.
Each Member State may permit Member State nationals in possession of evidence of professional qualifications not obtained in a Member State to pursue a regulated profession within the meaning of Article 3(1)(a) on its territory in accordance with its rules. In the case of professions covered by Title III, Chapter III, this initial recognition shall respect the minimum training conditions laid down in that Chapter.
Where, for a given regulated profession, other specific arrangements directly related to the recognition of professional qualifications are established in a separate instrument of Community law, the corresponding provisions of this Directive shall not apply.
Article 3 - Definitions
Article 52 - Use of professional titles
Article 4 - Effects of Recognition
In a PQ regarding this area you still need to discuss:
Material + Personal Scope
Discuss the relevant Articles
Apply either the Bosman test or the Gebhard test depending on if it is regarding workers or establishment
For a national provision to be maintained it must fulfil the Gebhard test
Justified by imperative requirements
They must be appropriate to their aim; and
they must be proportionate to their aim
Provision must be applied in a non-discriminatory manner (directly)
Then move onto discuss recognition
Determine if it is a workers situation or establishment
If a case does not fall under the Directive then the next step is to look at case law
Partial recognition: Nasiopoulos case C-573/11-medical masseur hydrotherapist in Germany and wanted to be established in Greece where relevant therapy is carried out by physiotherapists. Court rules he is entitled to partial recognition and should be given access at least partially to profession.
Lawyers
Directive 98/5/EC on lawyers’ establishment
Option 1: practice indefinitely in a host MS under home State title – practice in Spain under Italian lawyers title
Option 2: after 3 years of effective and regular practice in the law of the host MS under home MS title, acquire title of host MS