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Parliamentary questions
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20 May 2020
Answer given by Mr Breton
on behalf of the European Commission
Question reference: E-001735/2020

1. The recognition of professional qualifications as basic medical doctor takes place under Directive 2005/36/EC based on harmonised minimum training requirements that include practical training periods. It applies to persons who have full access to the profession in the Member State in which they completed their education. In Poland, this requires passing a practical internship after the end of the university training. This is allowed under Directive 2005/36/EC. Taking into account the Member States’ competence for education under Article 165 of the Treaty on the Functioning of the EU (TFEU) and for the organisation and delivery of the health services and medical care under Article 168(7) TFEU, within the limits of the principle of proportionality, there is no indication that the content of the training in Poland would be disproportionate. Therefore, Germany is not obliged to automatically recognise graduates from Poland who have not done the internship.

The Commission has received complaints related to this situation and has provided detailed information to graduates on their rights and practical possibilities: Graduates may, for example, do a comparable internship in other Member States (see Article 55a of the directive) or request the competent authorities in the host Member State to assess their qualifications in application of the fundamental freedoms of the TFEU.(1) Ultimately, graduates could complete their medical training in the German education system, after having successfully applied for the recognition of their foreign qualifications for the purpose of further studies (academic recognition).

2. In view of what was explained above, the Commission does not envisage to take any measures against Poland. As to the ius migrandi in Austria or France the Honourable Member refers to, this was introduced in the context of national reforms of training in Austria and France by re-allocating the practical internship and was not just a deletion of the practical period in Annex V to the directive.

(1)See CJEU Cases C-340/89, Vlassopoulou, EU:C:1991:193; C-319/92, Haim, EU:C:1994:47; C-238/98, Hocsman, EU:C:2000:440; C-31/00, Dreessen, EU:C:2002:35 and C-313/01, Morgenbesser, EU:C:2003:612, paragraphs 57-71.
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