The European Court of Justice has once again confirmed the fundamental right of professionals to freely establish themselves in any member state of their choice. The exercise of such a right necessarily entails the recognition by the host member state of qualifications obtained in the home member state.
In a recent judgment on the matter, the European Court of Justice has proved to be adamant that it will not allow member states to thwart a professional's attempt to exercise such a right by imposing serious obstacles for the recognition of his/her qualifications in blatant breach of the EU's rules on the recognition of qualifications.
The case concerned an action brought by the European Commission against Greece whereby it alleged that Athens had enacted legislation which was in breach of the EU law which makes provision for a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years duration.
In particular, the allegation concerned rules in relation to the free movement of medical professionals and the mutual recognition of medical training degrees throughout the EU.
The Commission maintained that Greece was systematically refusing to recognise diplomas obtained following education and training provided within the framework of certain agreements concluded between Greek private educational establishments and national authorities of other member states. In virtue of such agreements, education and training provided by such private bodies is sanctioned by an authority of another member state which in turn awards a diploma.
The European Court of Justice went on to reaffirm that the EU's general system for the recognition of higher-education diplomas is based on the mutual trust that member states have in the professional qualifications that they award. Such a system establishes a presumption that the qualifications of a person entitled to pursue a regulated profession in one member state are sufficient for the pursuit of that profession in the other member states.
It is for the competent authorities awarding the diplomas alone to verify, in the light of the rules applicable in their professional education and training systems, the conditions necessary for their award and the nature of the establishment in which the holder received his education and training. The host member state cannot then proceed to examine the basis on which the diplomas have been awarded in terms of its own rules.
Furthermore, the Court asserted that though EU law admits of a possibility for host member states to require an adaptation period or an aptitude test for a person to obtain the recognition of a diploma, the choice as to which compensatory measure should apply is, as a rule, left in the hands of the person applying for recognition of the diploma.
In terms of EU law, it was therefore illegal for Greece to adopt national rules which make specific provision for the length of service necessary before a medical professional may legitimately call himself a specialist. In essence, such a national rule suppresses the choice enjoyed by persons seeking to obtain recognition of their diploma as to which compensatory measure should apply, that is, whether they opt for an adaptation period or for an aptitude test.
Neither was it legal for Greece to establish a national body with the power to verify whether the establishment which provides the education and training is a higher-education establishment and whether the applicant has the necessary professional experience in cases where the duration of the education and training falls short of that required in Greece in order to pursue a profession.
According to the European Court of Justice, such matters are already definitively established by certificates and documents issued by the competent authorities of the member state of origin and ought not to be the subject of further review by the host member state.
This ruling goes to affirm the sanctity awarded by the European Court of Justice to the fundamental right of freedom of establishment as one of the four rights to free movement enjoyed by EU citizens. Being a citizen of the European Union is a guarantee that one is free to work or pursue one's profession in any member state of his choice. This is an inviolable right enjoyed by all those who partake of the EU's common market.
The EU institutions have made it clear over and over again that they will not tolerate illegal conduct by member states which seek to put serious obstacles in the way of EU citizens seeking to assert such a right.
Dr Vella Cardona is a practising lawyer and a freelance consultant in EU, intellectual property, consumer protection and competition law. She is also a visiting lecturer at the University of Malta.
In a recent judgment on the matter, the European Court of Justice has proved to be adamant that it will not allow member states to thwart a professional's attempt to exercise such a right by imposing serious obstacles for the recognition of his/her qualifications in blatant breach of the EU's rules on the recognition of qualifications.
The case concerned an action brought by the European Commission against Greece whereby it alleged that Athens had enacted legislation which was in breach of the EU law which makes provision for a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years duration.
In particular, the allegation concerned rules in relation to the free movement of medical professionals and the mutual recognition of medical training degrees throughout the EU.
The Commission maintained that Greece was systematically refusing to recognise diplomas obtained following education and training provided within the framework of certain agreements concluded between Greek private educational establishments and national authorities of other member states. In virtue of such agreements, education and training provided by such private bodies is sanctioned by an authority of another member state which in turn awards a diploma.
The European Court of Justice went on to reaffirm that the EU's general system for the recognition of higher-education diplomas is based on the mutual trust that member states have in the professional qualifications that they award. Such a system establishes a presumption that the qualifications of a person entitled to pursue a regulated profession in one member state are sufficient for the pursuit of that profession in the other member states.
It is for the competent authorities awarding the diplomas alone to verify, in the light of the rules applicable in their professional education and training systems, the conditions necessary for their award and the nature of the establishment in which the holder received his education and training. The host member state cannot then proceed to examine the basis on which the diplomas have been awarded in terms of its own rules.
Furthermore, the Court asserted that though EU law admits of a possibility for host member states to require an adaptation period or an aptitude test for a person to obtain the recognition of a diploma, the choice as to which compensatory measure should apply is, as a rule, left in the hands of the person applying for recognition of the diploma.
In terms of EU law, it was therefore illegal for Greece to adopt national rules which make specific provision for the length of service necessary before a medical professional may legitimately call himself a specialist. In essence, such a national rule suppresses the choice enjoyed by persons seeking to obtain recognition of their diploma as to which compensatory measure should apply, that is, whether they opt for an adaptation period or for an aptitude test.
Neither was it legal for Greece to establish a national body with the power to verify whether the establishment which provides the education and training is a higher-education establishment and whether the applicant has the necessary professional experience in cases where the duration of the education and training falls short of that required in Greece in order to pursue a profession.
According to the European Court of Justice, such matters are already definitively established by certificates and documents issued by the competent authorities of the member state of origin and ought not to be the subject of further review by the host member state.
This ruling goes to affirm the sanctity awarded by the European Court of Justice to the fundamental right of freedom of establishment as one of the four rights to free movement enjoyed by EU citizens. Being a citizen of the European Union is a guarantee that one is free to work or pursue one's profession in any member state of his choice. This is an inviolable right enjoyed by all those who partake of the EU's common market.
The EU institutions have made it clear over and over again that they will not tolerate illegal conduct by member states which seek to put serious obstacles in the way of EU citizens seeking to assert such a right.
Dr Vella Cardona is a practising lawyer and a freelance consultant in EU, intellectual property, consumer protection and competition law. She is also a visiting lecturer at the University of Malta.