Directive 2005/36 / EC on the recognition of professional qualifications
The directive of the European Parliament and of the Council on the recognition of professional qualifications of September 7, 2005 (also known as the European Professional Recognition Directive) is an EC directive for the implementation of the European internal market in the area of the recognition of professional qualifications and freedom of movement in the labor market .
It was last amended by Directive 2013/55 / EU, which introduced automatic recognition of professional qualifications for certain professions and recognition through the European Professional Card for some other professions.
Emergence
The European Professional Recognition Directive was passed on September 7, 2005 and then published in the Official Journal of the European Union. It came into force on October 20, 2005 in accordance with Art. 64 of the Directive and had to be implemented by the Member States by October 20, 2007, in accordance with Art. A large number of previously applicable, special directives ( architects' directive , diploma recognition directive , ...) have been replaced by directive 2005/36 / EC.
The European Parliament voted on October 9, 2013 to modernize the Professional Qualifications Directive; On December 28, 2013, the publication of Directive 2013/55 / EU of the European Parliament and of the Council of November 20, 2013 amending Directive 2005/36 / EC on the recognition of professional qualifications and Regulation (EU) No. 1024 / 2012 on administrative cooperation using the internal market information system ("IMI Regulation") . The change includes a. automatic recognition of professional qualifications for a limited number of professions, mutual recognition for most professions and increased opportunities for short-term practice in one's own profession in another Member State.
In 2014, a clear database on regulated professions within the meaning of the Directive was published.
Goal setting
The guideline on professional recognition was created with the aim of consolidating and simplifying the 15 different sectoral, general and coordinating directives on professional recognition that existed until then.
The European Union guarantees the following four basic freedoms : firstly, the free movement of goods, secondly, the free movement of workers and freedom of establishment, thirdly, the freedom to provide services, and fourthly, the free movement of capital and payments.
The recognition of professional qualifications and educational certificates is particularly relevant for the free movement of persons, i. H. the free movement of workers and the freedom of establishment as well as the freedom to provide services.
The professional recognition directive guarantees the material basis for freedom of movement for the individual Union citizen; after all, this is imperfect for the individual as long as he cannot practice his learned profession in another European country.
National implementation
Germany
Germany passed an implementation law in December 2007, but this did not lead to full implementation of the directive. That is why the EU Commission filed a lawsuit against Germany for violating the implementation obligation. On December 17, 2009, the judgment of the European Court of Justice (ECJ) in case C-505/08 determined Germany's breach of duty. The commission won because Germany breached the transposition deadline. In fact, the Federal Republic of Germany had to admit that the final implementation would not take place before the end of 2009.
In a renewed attempt on June 22, 2011 , the Federal Government introduced the draft law to improve the determination and recognition of professional qualifications acquired abroad in the Bundestag (BT-Drs. 17/6260). This stipulates a legal right to have their qualifications checked and to be informed promptly as to whether the qualifications concerned are recognized in Germany and which further training is otherwise required for full recognition. The German Bundestag adopted the draft in its 130th meeting on September 29, 2011 based on the recommendation for a resolution and the report of the Committee on Education, Research and Technology Assessment (BT-Drs. 17/7218) with some changes, but otherwise unchanged. The Federal Council approved the draft law after the BR-Drs. 606/11 at its 889th meeting on November 4, 2011. The law then came into force on April 1, 2012.
See also
- Internal market information system
- Vocational training # Recognition of foreign professional qualifications (in Germany)
- Trade regulations 1994 # Recognition of training certificates (in Austria)
- Bologna process for the Europe-wide harmonization of study programs and degrees
- Europass framework with five documents - promoting transparency in qualifications and competences
literature
- Winfried Kluth : The new EU directive on the recognition of professions - regulation content and effects for members of the profession and professional organizations. In: European Journal for Business Law, year 2005, p. 486 ff.
- Ilka Sommer: The violence of the collective know-it-all. Fight for the recognition of foreign professional qualifications in Germany . Transcript, Bielefeld 2015, ISBN 978-3-8376-3292-7 .
Web links
- Directive 2005/36 / EC
- Directive 2013/55 / EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36 / EC on the recognition of professional qualifications and Regulation (EU) No. 1024/2012 on administrative cooperation with the help of the internal market Information system ("IMI Regulation") , Official Journal of the European Union L 354/132, December 28, 2013
- European Commission on the development of the Professional Qualification Directive
- Regulated professions database. European Commission → Internal Market → Free movement of skilled workers.
- BMWi , Highlights of Economic Policy: Monthly Report 12/2008 , The new EU Professional Recognition Directive
- European information portal and network of vocational recognition bodies between Germany, Austria, South Tyrol and Switzerland European vocational training atlas
Individual evidence
- ↑ Directive 2005/37 / EC of the European Parliament and of the Council on the recognition of professional qualifications of September 7, 2005
- ↑ Procedure 2011/0435 (COD). Texts adopted, Wednesday 9 October 2013 - Strasbourg. European Parliament, accessed on 7 January 2013 .
- ^ Modernization of the Professional Qualifications Directive - frequently asked questions. Retrieved January 7, 2013 .
- ↑ European Commission: Regulated Professions: European Commission publishes European map of regulated professions. Press release, Brussels, 8 May 2014.
- ↑ ec.europa.eu Regulated Professions. ec.europa.eu
- ↑ ECJ, judgment of December 17, 2009 - C-505/08 (Lexetius.com/2009,3732)
- ↑ Draft of the federal government for the law to improve the determination and recognition of professional qualifications acquired abroad (BT-Drs. 17/6260) (PDF; 2.3 MB)
- ↑ Overview of the deliberations on the draft law on the Federal Council's website. ( Page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ Information ( Memento of the original dated November 11, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. of the Federal Ministry of Education and Research
