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DIRECTIVE 2005/36 – ON THE RECOGNITION OF PROFESSIONAL QUALIFICATIONS
Replaced most of the existing Directives, aiming to liberalize the provision of services and retain the
system of mutual recognition of qualifications
REMINDER:
DIRECTIVE 2005/36 DID NOT REPLACE:
1) Directive 77/249 (To facilitate the effective
exercise by lawyers of freedom to provide
services)
2) Directive 89/5 (To facilitate practice of the
profession of lawyer on a permanent basis in
a MS other than that in which qualification
was obtained)
CROSS-BORDER ASPECT:
Mention that the citizen in the case is a EU national (Art. 20TFEU) and has exercised his right of free
movement (Art. 21 TFEU) to go from his home MS to the host MS in order to provide services (Art. 56
TFEU) or to seek establishment (Art. 49 TFEU). Since he did so, it will then be necessary to analyse the
conditions applicable regarding the recognition of qualifications.
DIRECTIVE 2005/36 ANALYSIS:
SCOPE OF APPLICATION:
- Article 1 (purpose) ->MS in which a profession is regulated, requiring specific professional
qualifications shall recognise professional qualifications obtained in another MS
- Article 2 (scope) -> Applies to all nationals wishing to pursue a regulated profession in a MS
other than that in which they obtained their professional qualifications on either a self-
employed or employed basis (NOT applicable to notaries (4)).
- Article 3 (definitions)
- Article 4 (effects of recognitions) -> the recognition of qualifications allows beneficiaries to
gain access in that MS to the same profession and pursue it under the same conditions as
nationals
REMINDER:
If the scope is NOT fulfilled, rely on either Art.
49 or 56 + vlassopoulou (National authorities
must consider any educational and training
received by the holder of the diploma or
certificate, and must compare the knowledge
and skills acquired with those required by the
domestic qualification
REMINDER:
TCN Diplomas (obtained by EU Nationals):
- Dealt with under Article 3(3)
o Conditions:
Recognized in home MS
3 years of professional
, activities
Full application of Dire
2005/36/EC
DIRECTIVE 2005/36 -> deals with both SERVICES and ESTABLISHMENT
SERVICES:
- TITLE II (free profession of services):
o Art. 5 -> no restrictions related to professional qualifications in the field of services
(conditions in sub. (1) must be met!)
o Article 6 -> exemptions
ESTABLISHMENT
- TITLE III (freedom of establishment)
!!The Directive applies a system based on 3 approaches when it comes to establishment!!
GENERAL SYSTEM RECOGNITION OF AUTOMATIC RECOGNITION
(Chapter I) PROFESSIONAL FOR CERTAIN PROFESSIONS
EXEPERIENCE (Chapter III + IIIA)
(Chapter II)
- Art. 10 (scope) -> applies to -Article 16 -> professions -Art. 21 -> refers to the
professions not covered by CH. II listed in Annex IV (we don’t automatic recognition of
and III have it in the Blackstone) doctors, nurses, dentists,
- Art.11 (levels of qualification) -> veterinary surgeons,
distinguishes 5 levels of education pharmacists and architects
- Art. 12: principle of equal
treatment
-Art. 13: conditions of recognition
-Art. 14: compensation measures
(Adaptation period or aptitude test
in case -> in cases where the
training differs or not covered by
home MS)
FURTHER REQUIREMENTS:
- CHAPTER IV (common provisions on establishment)
o Article 53 -> language requirements
o Article 54 -> academic titles
RESULT:
- Article 4 -> see above!
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