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Parliamentary questions
14 December 2017
Answer given by Ms Bieńkowska on behalf of the Commission

The proposal for a directive of the European Parliament and of the Council on a proportionality test before adoption of new regulation of professions is based on wide-ranging evidence, not only economic but also legal, including case law, and the difficulties faced by Member States in assessing the proportionality of existing regulation under Article 59 of Directive 2005/36/EC, as amended by Directive 2013/55/EU.

The proposed Directive is designed to help Member States comply with the existing law and their obligations under the EU Treaty. It does not affect the Member States' competence in regulating professions nor does it aim to introduce a uniform standard of regulation across the EU. The proposal does not introduce any possibility for the Commission to veto the regulation of professions by Member States.

The proposal is accompanied by an extensive impact assessment which contains ample information on the reasons and justification for the proposal. As regards the specific mentioning of potential job creation, the Explanatory Memorandum to the proposal(1) reads as follows: ‘(…) In terms of job creation alone, an academic study suggests around 700 000 more jobs(2) could be created in the EU through addressing unnecessary and disproportionate regulations.’

In addition, empirical case studies(3) aiming at assessing the impact of reforms in a number of Member States show that removing excessively restrictive regulatory burdens can improve access to professions for young graduates.

(1)COM(2016) 822 final
(2)“Measuring Prevalence and Labour Market impacts of Occupational Regulation in the EU”, Maria Koumenta, Queen Mary University of London and Mario Pagliero, Collegio Carlo Alberto Torino.

Last updated: 2 February 2018Legal notice