Keywords
Summary

Keywords

1 . MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - EFFECT

( EEC TREATY , ART . 189 , THIRD PARA .)

FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES - VETERINARY SURGEONS - MUTUAL RECOGNITION OF DIPLOMAS - MEMBER STATES ' OBLIGATION - SCOPE

( COUNCIL DIRECTIVE NO 78/1026 , ARTS 2 AND 3 )

2 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES - VETERINARY SURGEONS - RIGHT TO PRACTISE THE PROFESSION - DIPLOMA OBTAINED IN A MEMBER STATE BEFORE THE IMPLEMENTATION OF DIRECTIVE NO 78/1026 - RIGHT TO PRACTISE THE PROFESSION IN ANOTHER MEMBER STATE ON THE EXPIRY OF THE PERIOD PRESCRIBED FOR THE IMPLEMENTATION OF THE DIRECTIVE - CONDITIONS - CERTIFICATE FROM ISSUING COUNTRY STATING THAT THE DIPLOMA COMPLIES WITH THE REQUIREMENTS OF DIRECTIVE NO 78/1027 - EFFECTS

( COUNCIL DIRECTIVES NOS 78/1026 , ARTS 2 AND 3 , AND 78/1027 , ART . 1 )

3 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES - VETERINARY SURGEONS - RIGHT TO PRACTISE THE PROFESSION IN A MEMBER STATE OTHER THAN THE MEMBER STATE WHICH ISSUED THE DIPLOMA - CONDITIONS - OBLIGATION OF REGISTRATION WITH THE PROFESSIONAL SOCIETY OF VETERINARY SURGEONS OF THE HOST STATE - PERMISSIBILITY - REFUSAL OF REGISTRATION CONTRARY TO THE OBLIGATION OF THE MUTUAL RECOGNITION OF DIPLOMAS OF VETERINARY SURGEON - IMPROPER PRACTICE OF THE PROFESSION - NONE

( EEC TREATY , ARTS 52 AND 57 ; COUNCIL DIRECTIVE NO 78/1026 )

Summary

1 . THE PROVISIONS OF ARTICLES 2 AND 3 OF DIRECTIVE NO 78/1026 WHICH CONCERN IN PARTICULAR THE MUTUAL RECOGNITION OF DIPLOMAS , CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN VETERINARY MEDICINE , IMPOSE ON EACH MEMBER STATE CLEAR , COMPLETE , PRECISE AND UNCONDITIONAL OBLIGATIONS WHICH EXCLUDE THE POSSIBILITY OF DISCRETIONARY ASSESSMENTS . THUS AN INDIVIDUAL MAY RELY BEFORE THE NATIONAL COURT ON THOSE PROVISIONS WHERE THEY HAVE NOT BEEN IMPLEMENTED OR WHERE THEY HAVE BEEN ONLY PARTIALLY IMPLEMENTED BY THE MEMBER STATE CONCERNED .

2 . A NATIONAL OF A MEMBER STATE WHO HAS THE RIGHT TO PRACTISE THE PROFESSION OF VETERINARY SURGEON IN ANOTHER MEMBER STATE WHICH HAS ISSUED TO HIM ONE OF THE DIPLOMAS , CERTIFICATES OR OTHER EVIDENCE OF FORMAL QUALIFICATIONS REFERRED TO IN ARTICLE 3 OF DIRECTIVE NO 78/1026 EVEN BEFORE THAT DIRECTIVE HAS BEEN IMPLEMENTED , IS ENTITLED TO PRACTISE THAT PROFESSION IN THE FIRST-MENTIONED STATE ON THE EXPIRY OF THE PERIOD PRESCRIBED FOR THE IMPLEMENTATION OF THE DIRECTIVE , PROVIDED THAT THE COMPETENT AUTHORITIES OF THE STATE IN WHICH HE OBTAINED HIS DIPLOMA HAVE ISSUED TO HIM THE CERTIFICATE PROVIDED FOR IN THE SECOND PARAGRAPH OF ARTICLE 2 OF THE DIRECTIVE .

THAT CERTIFICATE DOES NOT HAVE THE EFFECT OF CREATING ' ' EX NUNC ' ' THE RIGHT TO PRACTISE THE PROFESSION OF VETERINARY SURGEON ON THE TERRITORY OF MEMBER STATES OTHER THAN THE ISSUING STATE , BUT OF PROVING THAT THE DIPLOMA AWARDED BEFORE THE IMPLEMENTATIN OF DIRECTIVE NO 78/1026 IS IN CONFORMITY WITH ARTICLE 1 OF DIRECTIVE NO 78/1027 .

IT FOLLOWS THAT A VETERINARY SURGEON , PROSECUTED FOR HAVING IMPROPERLY PRACTISED VETERINARY MEDICINE AFTER THE EXPIRY OF THE PERIOD PRESCRIBED FOR THE IMPLEMENTATION OF DIRECTIVE NO 78/1026 ON THE TERRITORY OF A MEMBER STATE OTHER THAN THE STATE WHICH ISSUED THE DIPLOMA , MAY RELY ON SUCH A CERTIFICATE , EVEN IF IT WAS DRAWN UP AFTER THE EVENTS WHICH LED TO CRIMINAL CHARGES BEING PAID .

3 . ALTHOUGH THE LAWS OF MEMBER STATES WHICH PROVIDE FOR THE COMPULSORY REGISTRATION WITH OR AFFILIATION TO A PROFESSIONAL ORGANIZATION OR BODY ARE NOT , AS SUCH , INCOMPATIBLE WITH COMMUNITY LAW , IT IS NOT PERMISSIBLE TO REFUSE TO REGISTER A NATIONAL OF A MEMBER STATE WITH THE PROFESSIONAL SOCIETY OF VETERINARY SURGEONS OF THAT STATE ON GROUNDS WHICH DISREGARD THE VALIDITY OF A PROFESSIONAL QUALIFICATION OBTAINED IN ANOTHER MEMBER STATE , WHEN THAT QUALIFICATION IS ONE OF THOSE WHICH ALL THE MEMBER STATES , AND THEIR PROFESSIONAL SOCIETIES , AS BODIES ENTRUSTED WITH A PUBLIC DUTY , ARE REQUIRED TO RECOGNIZE UNDER COMMUNITY LAW .

THEREFORE LEGISLATION WHICH PROVIDES FOR CRIMINAL OR ADMINISTRATIVE PROCEEDINGS AGAINST A VETERINARY SURGEON WHO PRACTISES HIS PROFESSION WITHOUT BEING REGISTERED WITH THE PROFESSIONAL SOCIETY , IN SO FAR AS THAT REGISTRATION HAS BEEN REFUSED IN CONTRAVENTION OF COMMUNITY LAW , IS NOT COMPATIBLE WITH COMMUNITY LAW INASMUCH AS IT WOULD ULTIMATELY RENDER WHOLLY INEFFECTIVE THE PROVISIONS OF THE TREATY AND OF DIRECTIVE NO 78/1026 .