(Source: European Commission)
The Commission has decided today to refer Czechia to the Court of Justice of the European Union over concerns about Czechia’s compliance with EU rules on professional qualifications (Professional Qualifications Directive 2005/36/EC as amended by Directive 2013/55/EU). The Commission is taking this step since Czechia has not remedied the breaches identified in the reasoned opinion sent by the Commission in November 2019 and following further dialogue with the Czech authorities.
The Commission is specifically addressing certain provisions of national rules on professional qualifications, which can directly affect professionals who obtained their professional qualifications in Czechia or would like their professional qualifications to be recognised in Czechia. The identified breaches concern horizontal issues regarding the status of the persons undergoing or preparing for compensatory measures in Czechia, as well as regarding procedural formalities and guarantees for professionals. The referral also concerns several sector-specific issues affecting doctors, nurses, pharmacists, veterinary surgeons and architects.
While Czechia made an effort to comply with the relevant rules, the Commission believes that the above-mentioned provisions still do not comply with the EU legislation. This can hamper professionals’ cross-border mobility, reduce work opportunities and make it more difficult for potential recipients of their services to enjoy the benefits of the Single Market.
Today’s decision follows the Commission’s systematic checks of national legislations and administrative practices and other actions taken by the Commission to ensure a fully functional Single Market for services and professionals.
With the EU rules on the recognition of professional qualification (Directive 2005/36/EC as amended by Directive 2013/55/EU), the EU has put in place a modern system for the recognition of professional qualifications and experience across the EU. It promotes automatic recognition of professional qualifications in EU countries, making it easier for professionals to provide their services around Europe, whilst guaranteeing an improved level of protection for consumers and citizens. The Directive applies in general to regulated professions such as nurses, doctors, pharmacists or architects. Exceptions are professions governed by specific EU directives such as auditors, insurance intermediaries, air traffic controllers, lawyers and commercial agents. The Directive also sets rules for temporary mobility, establishment in another EU country, various systems of recognition of qualifications, and checks for knowledge of languages and professional academic titles.