| Author (Corporate) | Council of the European Union, European Parliament |
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| Series Title | Official Journal of the European Union |
| Series Details | L173, 09.07.18 |
| Publication Date | 09/07/2018 |
| Content Type | Legislation |
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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. |
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| Source Link | https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2018.173.01.0025.01.ENG |
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| Subject Categories | Business and Industry, Internal Markets |
| Countries / Regions | Europe |
