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Parliamentary questions
27 October 2017
Question for written answer
to the Commission
Rule 130
Richard Sulík (ECR)

 Subject:  Regulated professions in the Member States

The directive on the mutual recognition of professional qualifications, which introduced the mutual evaluation of regulated professions between Member States, was revised in 2013. Member States are to use the directive to examine whether the requirements of their legal systems, that restrict access to or pursuit of a profession, are consistent with the principles of non-discrimination, which are justified on the grounds of public interest and proportionality.

An evaluation process has shown that regulatory decisions are not always based on a rational and objective analysis. The introduction of new restrictive measures has not been prevented, despite Member States’ national plans and Commission guidelines.

Recommendation COM(2016)820 and the proposal for a directive on a proportionality test COM(2016)822 aim to improve Member States’ approach to regulating professions by ensuring better regulatory procedures to ensure proportionate regulation and avoid negative economic consequences.

1. Can the Commission say, if proportionality and justification due to the public interest are common principles for accessing services and regulated professions, why has the Commission not proposed that the proportionality test is also applicable to accessing services? 2. The guidelines in COM(2016)820 set out examples of reforms for Member States. Has the Commission acted in all cases to enforce Union law through infringement proceedings? 3. Will the Commission initiate infringement proceedings in each case where it is aware of a breach of the rules on restricting access to professions or, if not, how will it choose the cases in which it will initiate infringement proceedings?

Original language of question: SK 
Last updated: 10 November 2017Legal notice