Proportionality test for new national regulations for professions

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Series Details December 2017
Publication Date December 2017
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‘EU Legislation in Progress’ briefings aim to provide Members of the European Parliament with systematic and automatic analysis on all substantial proposals for EU legislation at every stage of the legislative procedure. Each contains an account of the purpose, content and legal aspects of the legislation proposed, in particular analysing what the legislation would change, as well as any previous legislation and the background. An overview of stakeholders’ views is also provided, as well as the opinions of national parliaments and the two advisory committees.

They are all made publicly available for stakeholders and the public.

The briefings are continuously updated as they pass through the policy making process and the source url hyperlink above should take you to the latest available version.In the EU, professions are regulated at Member State level. 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 a new regulation of professions, tabled by the European Commission on 10 January 2017, sought to improve transparency as to how certain professions are regulated in the Member States. The legislative proposal intended to harmonise the way in which proportionality tests are carried out, before Member States introduce new regulation on professions and the criteria to be applied, in accordance with European Court of Justice rulings.

The directive would supplement provisions of Directive 2005/36/ EC on the recognition of professional qualifications and the Professional Qualifications Directive (2013/55/EU).

Source Link Link to Main Source http://www.europarl.europa.eu/RegData/etudes/BRIE/2017/614606/EPRS_BRI(2017)614606_EN.pdf
Related Links
EP: EPRS: Briefing: EU Legislation in Progress http://epthinktank.eu/eu-legislation-in-progress/
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
EP: EPRS: Briefing: Implementation in Action, August 2017: Professional Qualifications Directive http://www.europeansources.info/record/professional-qualifications-directive/

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