Proportionality test for new national regulations for professions

25-07-2018

In the EU, professions are regulated at either Union or Member State level. In the latter case, qualification requirements can differ widely between Member States, due to their respective historical development and experience. This can lead to a lack of clarity on the criteria used, and result in fragmentation of the single market. The proposed directive on a proportionality test before adoption of new regulation of professions, tabled by the European Commission, sought to harmonise the way in which proportionality tests are carried out before Member States introduce new regulation on professions. The new directive will supplement provisions of Directive 2005/36/EC on the recognition of professional qualifications, last amended by Directive 2013/55/EU. The European Parliament proposed a specific status for healthcare services, and explicitly addressed gold-plating practices (unnecessary national requirements). A text was agreed between Parliament and Council in trilogue in March, which was voted in the Parliament plenary on 14 June 2018 and adopted by the Council on 21 June 2018. The final act was signed on 28 June 2018. Member States have until 30 July 2020 to bring into force the laws and administrative provisions necessary to comply with the directive. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

In the EU, professions are regulated at either Union or Member State level. In the latter case, qualification requirements can differ widely between Member States, due to their respective historical development and experience. This can lead to a lack of clarity on the criteria used, and result in fragmentation of the single market. The proposed directive on a proportionality test before adoption of new regulation of professions, tabled by the European Commission, sought to harmonise the way in which proportionality tests are carried out before Member States introduce new regulation on professions. The new directive will supplement provisions of Directive 2005/36/EC on the recognition of professional qualifications, last amended by Directive 2013/55/EU. The European Parliament proposed a specific status for healthcare services, and explicitly addressed gold-plating practices (unnecessary national requirements). A text was agreed between Parliament and Council in trilogue in March, which was voted in the Parliament plenary on 14 June 2018 and adopted by the Council on 21 June 2018. The final act was signed on 28 June 2018. Member States have until 30 July 2020 to bring into force the laws and administrative provisions necessary to comply with the directive. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.