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Study on transposition of the directive of the recognition of professional qualifications

National regulations which only recognise professional qualifications of a particular jurisdiction present obstacles to the free movement of labour - one of the fundamental freedoms in the EU. 
 
Directive 2005/36/EC on recognition of professional qualifications was adopted on 7 September 2005. The main objectives of the Directive were to rationalise, simplify and improve the rules for the recognition of professional qualifications in the European Community. The ultimate goal is to enable EU citizens with a profession qualified and recognised in one Member Stat to move and practice this profession in another Member State relatively frictionless, thus encouraging the free movement of skilled labour around the EU.

The study, which Ramboll Management Consulting conducted for the European Parliament, provided a general overview of the state of play regarding the transposition, implementation and enforcement of Directive 2005/36/EC in all 27 Member States and analysed legal and administrative challenges met by the Member States in the process. Moreover, the study also provided examples of good practices in Member States and a number of case studies on some of the problems that EU citizens have encountered when trying to have their professional qualifications recognised abroad.

The study showed that all Member States but one have transposed and implemented the Directive, albeit with severe delays, which have had implications for the enforcement of the Directive in all Member States. One of the main issues is that the Member States lack trust in each other’s educational systems, and it is consequently important to establish this trust if the Directive is to work properly. Frequent meetings, common use of the IMI (Internal Market Information System), communication from the Commission on how to interpret the Directive, and assistance from industry organisations were suggested as tools for improving this.
 

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