Enhancing the mobility of professionals in Europe

The right of EU citizens to live and work in any member state of their choice is an undisputed benefit of partaking in a single market economy. Exercising such a right in practice is, however, a totally different kettle of fish. Professionals seeking to provide their services, whether on a temporary or permanent basis, in a member state other than in which they have obtained their qualifications, often encounter a multitude of obstacles. In particular, differences in the qualifications required for the exercise of a particular profession in each member state can act as a barrier to the exercise of such a right.

European laws provide for the automatic recognition of qualifications in the case of some professions- Mariosa Vella Cardona

The European Union has long realised that a legal framework to cater for the mutual recognition of qualifications between member states is indispensable for the smooth functioning of a single market. To this end, current European laws make provision for the automatic recognition of qualifications in the case of a limited number of professions. This means that the host state can only check whether or not the qualifications are in line with what is required under EU laws which lay down EU-wide minimum training requirements. Such professions include doctors, dentists, nurses, midwives, pharmacists, veterinary surgeons, and architects.

On the other hand, for a large majority of professions, a so-called ‘system’ allows for the mutual recognition of qualifications. Member states proceed on a case-by-case basis and have some discretion in terms of granting access to a given profession. In principle, access to such regulated professions is granted to any individual who can demonstrate that he/she is fully qualified in his/her home country. Only in cases where professionals’ training differs substantially from that of the host country and their professional experience does not compensate for the differences, may the competent authority of the host country impose tests or a period of practice under supervision to make up for the disparity. In most cases, such professionals are then free to choose to undertake either a period of supervised practice or an aptitude test in the host country. Successful completion of either ought to grant an individual full access to the particular field.

The European Commission has now launched a Green Paper with the objective of improving upon the current legislative framework in such a way as to facilitate the mobility of professionals in Europe. Stakeholders are being invited to make their voice heard about a number of measures being proposed by the Commission. The issue of a European Professional Card by the country of departure is one such measure.

Such a card would be issued by the competent authority in the member state where the qualification is acquired, and could provide initial verification of all the conditions for recognition in other member states. In this way, the recognition process of qualifications would be accelerated. Such a card could also provide consumers and employers with the proof that the professional is competent to exercise a particular profession and would eliminate any doubt of fake diplomas.

The Commission has also recognised that many professionals encounter difficulties in identifying the authority which is responsible for the recognition of their professional qualifications in the host member state. It is therefore proposing that each member state would have a central entry point, with immediate online access.

The modernisation of minimum training requirements established by EU law for doctors, nurses, midwives, dentists, pharmacists, veterinary surgeons and architects is also being envisaged. Some of the minimum training requirements for these professions benefiting from automatic recognition need to be updated to reflect changes in both duration and content of training.

Certain proposals are also being made with the objective of protecting the consumer. Current laws do not provide for any ways of exchanging information on professional malpractice. For example, a doctor who is guilty of professional malpractice and is no longer authorised to practice in his home country can move to another member state and commence practising there. The introduction of an alert mechanism which would indicate to the host state that certain health professionals have been involved in malpractice is therefore being contemplated.

Measures which facilitate the recognition of professional qualifications in Europe benefit not only individual professionals who are interested in moving to another member state but also economy and society as a whole. With most member states encountering shortage in certain labour skills due to an aging population, the mobility of professionals between member states is definitely to be encouraged. It is only if the qualifications of European citizens are recognised in an expedient and simple manner that Europe’s demands in particular sectors can by met.

mariosa@vellacardona.com

Dr Cardona is a practising lawyer and a freelance consultant in EU, intellectual property, consumer protection and competition law. She is the deputy chairman of the Malta Competition and Consumer Affairs Authority as well as a member of the National Commission for the Promotion of Equality.