Keywords
Summary

Keywords

1 . FREEDOM OF ESTABLISHMENT - RESTRICTIONS - ABOLITION - TRANSITIONAL PERIOD - EXPIRATION - RULE ON EQUAL TREATMENT WITH NATIONALS - DIRECT EFFECT

( EEC TREATY , ARTICLES 7 , 8 ( 7 ) AND 52 )

2 . FREEDOM OF ESTABLISHMENT - NEW MEMBER STATES - RESTRICTIONS - ABOLITION - ENTRY INTO FORCE

( EEC TREATY , ARTICLE 52 )

3 . FREEDOM OF ESTABLISHMENT - ACCESS TO CERTAIN PROFESSIONS - REQUIREMENT OF QUALIFICATIONS - ABOLITION - COUNCIL DIRECTIVES - ABSENCE - DENIAL OF BENEFIT OF FREEDOM OF ESTABLISHMENT - NOT PERMISSIBLE

( EEC TREATY , ARTICLES 52 , 57 ( 1 ))

Summary

1 . THE RULE ON EQUAL TREATMENT WITH NATIONALS IS ONE OF THE FUNDAMENTAL LEGAL PROVISIONS OF THE COMMUNITY . AS A REFERENCE TO A SET OF LEGISLATIVE PROVISIONS EFFECTIVELY APPLIED BY THE COUNTRY OF ESTABLISHMENT TO ITS OWN NATIONALS , THIS RULE IS , BY ITS ESSENCE , CAPABLE OF BEING DIRECTLY INVOKED BY NATIONALS OF ALL THE OTHER MEMBER STATES . IN LAYING DOWN THAT FREEDOM OF ESTABLISHMENT SHALL BE ATTAINED AT THE END OF THE TRANSITIONAL PERIOD , ARTICLE 52 IMPOSES AN OBLIGATION TO ATTAIN A PRECISE RESULT , THE FULFILMENT OF WHICH HAD TO BE MADE EASIER BY , BUT NOT MADE DEPENDENT ON , THE IMPLEMEN- TATION OF A PROGRAMME OF PROGRESSIVE MEASURES . SINCE THE END OF THE TRANSITIONAL PERIOD ARTICLE 52 OF THE TREATY HAS BEEN A DIRECTLY APPLICABLE PROVISION , DESPITE THE ABSENCE , IN A PARTICULAR SPHERE , OF THE DIRECTIVES PRESCRIBED BY ARTICLES 54 ( 2 ) AND 57 ( 1 ) OF THE TREATY .

2 . IN THE ABSENCE OF TRANSITIONAL PRO- VISIONS CONCERNING THE RIGHT OF ESTABLISHMENT IN THE TREATY OF ACCESSION OF 22 JANUARY 1972 , THE PRINCIPLE CONTAINED IN ARTICLE 52 HAS , IN THE CASE OF THE NEW MEMBER STATES AND THEIR NATIONALS , BEEN FULLY EFFECTIVE SINCE THE ENTRY INTO FORCE OF THE SAID TREATY , THAT IS , SINCE 1 JANUARY 1973 . THUS A MEMBER STATE CANNOT , AFTER 1 JANUARY 1973 , MAKE THE EXERCISE OF THE RIGHT TO FREE ESTABLISHMENT BY A NATIONAL OF A NEW MEMBER STATE SUBJECT TO AN EXCEPTIONAL AUTHORIZATION IN SO FAR AS HE FULFILS THE CONDITIONS LAID DOWN BY THE LEGISLATION OF THE COUNTRY OF ESTABLISHMENT FOR ITS OWN NATIONALS .

3 . THE LEGAL REQUIREMENT , IN THE VARIOUS MEMBER STATES , RELATING TO THE POS- SESSION OF QUALIFICATIONS FOR ADMISSION TO CERTAIN PROFESSIONS CONSTITUTES A RESTRICTION ON THE EFFECTIVE EXERCISE OF THE FREEDOM OF ESTABLISHMENT THE ABOLITION OF WHICH IS , UNDER ARTICLE 57 ( 1 ), TO BE MADE EASIER BY DIRECTIVES OF THE COUNCIL FOR THE MUTUAL RECOGNITION OF DIPLOMAS , CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS . NEVERTHELESS , THE FACT THAT THOSE DIRECTIVES HAVE NOT YET BEEN ISSUED DOES NOT ENTITLE A MEMBER STATE TO DENY THE PRACTICAL BENEFIT OF THAT FREEDOM TO A PERSON SUBJECT TO COMMUNITY LAW WHEN THE FREEDOM OF ESTABLISHMENT PROVIDED FOR BY ARTICLE 52 CAN BE ENSURED IN THAT MEMBER STATE BY VIRTUE IN PARTICULAR OF THE PROVISIONS OF THE LAWS AND REGULATIONS ALREADY IN FORCE .