Keywords
Summary

Keywords

Freedom of movement for persons – Freedom of establishment – Workers – Recognition of diplomas and other evidence of formal qualifications – Directive 89/48 – Regulated professional activity – Professional experience – Concept

(Art. 39 EC and 43 EC; Council Directive 89/48, Arts 1(e), and 4(1)(b))

Summary

A national authority responsible for recognition of professional qualifications acquired in another Member State is bound, pursuant to Articles 39 EC and 43 EC, to take into account, when setting any supplementary requirements to compensate for substantial differences between the education and training undertaken by an applicant and the education and training required in the host Member State, all practical experience which, in whole or in part, covers those differences.

While the experience acquired by the applicants before obtaining the diploma granting them entitlement to pursue the profession in question in a Member State cannot include the pursuit of regulated professional activities and while no obligation ensues from the second subparagraph of Article 4(1)(b) of Directive 89/48 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration to take into account practical experience which does not amount to professional experience within the meaning of Article 1(e) of that directive, nevertheless, measures adopted pursuant to Union law must observe the general principles of that law, inter alia, the principle of proportionality. In that regard, the effective exercise of the fundamental freedoms guaranteed by Articles 39 EC and 43 EC can be unjustifiably hindered if the competent national authorities responsible for recognition of professional titles acquired in another Member State disregard relevant knowledge and qualifications already acquired by an applicant seeking entitlement to pursue, in that Member State, a profession which, in accordance with national legislation, is subject to the holding of a diploma or professional qualification. The precise value to be attached to practical experience of use in the pursuit of the profession to which access is sought will be for the competent national authority to determine in the light of the specific functions carried out, knowledge acquired and applied in pursuit of those functions, responsibilities assumed and the level of independence accorded to the person concerned.

(see paras 61, 64-66, 69, 72, operative part)