Filenews 14 July 2023
The European Commission decided today to refer Cyprus and Malta to the Court of Justice of the European Union for failing to correctly transpose rules on the recognition of professional qualifications.
In particular, the European Commission has decided to refer Cyprus and Malta to the Court of Justice of the European Union for incorrect transposition of EU rules on the recognition of professional qualifications (Directive 2005/36/EC as amended by Directive 2013/55/EU). Existing national rules create unjustified obstacles to the recognition of professional qualifications across borders and therefore hamper professional mobility.
EU rules have helped create a modern system for the recognition of professional qualifications and experience across the EU. They make it easier for professionals to provide their services in different Member States, while ensuring an improved level of protection for consumers and citizens.
According to the Commission, Cypriot law imposes unjustified conditions for the recognition of professional qualifications of engineers and architects, while not fully ensuring automatic recognition of architects.
Maltese legislation imposes additional training programmes and language requirements for the medical and paramedical professions. In addition, it imposes excessive procedural and documentation requirements on veterinarians wishing to provide temporary services in Malta.
As the Commission considers that Cyprus and Malta are still in breach of EU rules, it has decided to refer the cases to the Court of Justice of the European Union.
These infringement procedures concern obstacles for qualified construction professionals, such as architects, engineers, electricians and gas installers. The construction sector has been identified as a priority sector in a recent Commission Communication entitled '30 years of the Single Market'. In addition, the Commission's action focused on obstacles in the medical and paramedical professions, veterinarians, as well as obstacles arising from excessive language requirements affecting the recognition of professional qualifications in general.
History
The Professional Qualifications Directive 2005/36/EC is a key piece of EU legislation that allows diplomas and professional qualifications to be recognised in another EU Member State. It is a policy priority to ensure the correct transposition and application of this Directive to safeguard the rights of professionals in the Single Market, in particular as regards their mobility. In addition to this reference, the Commission is today sending a letter of formal notice to Germany and a reasoned opinion to Belgium, Cyprus and Romania regarding breaches of the Professional Qualifications Directive.
