Directive (EU) 2018/958 on a proportionality test before adoption of new regulation of professions

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Series Title
Series Details L173, 09.07.18
Publication Date 09/07/2018
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Summary:

The European Commission adopted on 10 January 2017 a proposal introducing a proportionality test before the adoption of new requirements for professions. It aims to improve transparency as to how certain professions are regulated in the EU Member States and to harmonise the way in which proportionality tests are carried out.

Following an informal agreement between the co-legislators on 20 March 2018, the draft law was endorsed by the European Parliament on 14 June and by the Council of the European Union on 21 June. The Directive was formally adopted on 28 June.

Further information:

The EU does not regulate professions, which remains a prerogative of the Member States. It is up to them to decide whether there is a need to intervene and impose rules and restrictions for the access to or pursuit of a profession, so long as the principles of non-discrimination and proportionality are respected.

The Professional Qualifications Directive [Directive 2005/36/EC] was amended by Directive 2013/55/EU with the view to modernise legislation in the area of regulated professions. It also introduced a transparency and mutual evaluation exercise between the Member States of all their regulated professions, which seemingly presented a challenge to many Member States.

The proportionality test is therefore designed to support better regulatory practices and ultimately their outcomes. The Directive consolidates the case-law of the Court of Justice on the proportionality of requirements restricting access to or pursuit of regulated professions but leaves the decision of what to regulate and how to Member States.

The proposal was adopted as part of the 'Services package' comprising a set of legislative initiatives, published on the same day.

Source Link Link to Main Source https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2018.173.01.0025.01.ENG
Related Links
EUR-Lex: COM(2016)822: Proposal for a Directive on a proportionality test before adoption of new regulation of professions https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2016:822:FIN
EUR-Lex: SWD(2016)462: Executive summary of the impact assessment http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2016:462:FIN
EUR-Lex: SWD(2016)463: Impact assessment http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2016:463:FIN
EPRS Initial Appraisal of a European Commission impact assessment http://www.europarl.europa.eu/RegData/etudes/BRIE/2017/603230/EPRS_BRI(2017)603230_EN.pdf
Council of the European Union: Press Release, 21.06.18: Easier access to professions: Council adopts new measures https://www.consilium.europa.eu/en/press/press-releases/2018/06/21/easier-access-to-professions-council-adopts-new-measures/
Legislative Train: Proportionality test before adoption of new regulation of professions http://www.europarl.europa.eu/legislative-train/theme-deeper-and-fairer-internal-market-with-a-strengthened-industrial-base-services-including-transport/file-proportionality-test
EPRS: Briefing, June 2018: Proportionality test for new national regulations for professions http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2017)614606
EP: Legislative Observatory: Procedure File on Proportionality test before adoption of new regulation of professions http://www.europarl.europa.eu/oeil-mobile/fiche-procedure/2016/0404(COD)
UK: House of Commons: European Scrutiny Committee: Proportionality test for professions https://publications.parliament.uk/pa/cm201719/cmselect/cmeuleg/301-xxiii/30108.htm

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