Trevor Tayleur explains the workings of the new, streamlined, Qualifications Directive
The battle against protectionism has been waged on many fronts. As part of its armoury, the European Community has adopted myriad directives to prevent member states from insisting that citizens qualified in other member states also obtain the domestic qualification in order to practise their profession or trade.
The alleged inadequacy of qualifications obtained in other member states cannot be used as a pretext for protecting local professionals and tradespeople. Directive 2005/36 (“the Qualifications Directive”) is the most recent addition to the Community’s armoury.
The Qualifications Directive has strengthened the position of citizens qualified in one member state wanting to practise in another member state in two ways. First, it allows service-providers to render services on a temporary and occasional basis under their original professional title without having to apply for host State recognition of their qualifications.
They may have to comply with some procedural formalities and there are limited public health and safety derogations; nevertheless their position has been significantly enhanced. Second,
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