Proportionality test for new regulation of professions

 

SUMMARY OF:

Directive (EU) 2018/958 — proportionality test before adoption of new regulation of professions

WHAT IS THE AIM OF THE DIRECTIVE?

It establishes rules for proportionality assessments to be conducted by EU countries before adopting new professional regulations or amending existing regulations.

It aims to:

KEY POINTS

Regulated professions

Public interest

EU countries must ensure that any new or amending rules are justified and proportionate with regard to public interest objectives recognised by the Court of Justice of the European Union, such as:

Assessment of new measures beforehand and monitoring afterwards

EU countries must:

Assessment

The assessment must be:

Proportionality

In assessing the proportionality of new or amending rules, EU countries must consider a number of proportionality criteria established by the Court of Justice, including:

Transparency

Before introducing new regulations, EU countries must:

The reasons for proportionality need to be recorded in the Regulated Professions Database and made publicly available.

FROM WHEN DOES THE DIRECTIVE APPLY?

It has applied since 29 July 2018 and has to become law in the EU countries from 30 July 2020.

BACKGROUND

This directive is a part of the ‘Services package’ which aims to make it easier for companies and professionals to provide services to EU consumers. The package, published on 10 January 2017, contains two additional legislative proposals:

MAIN DOCUMENT

Directive (EU) 2018/958 of the European Parliament and of the Council of 28 June 2018 on a proportionality test before adoption of new regulation of professions (OJ L 173, 9.7.2018, pp. 25-34)

RELATED DOCUMENT

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, pp. 22-142)

Successive amendments to Directive 2005/36/EC have been incorporated into the original document. This consolidated version is of documentary value only.

last update 10.10.2018