Spicers;europ Internal Mar Pol by Kevin Featherstone

Author:Kevin Featherstone [Featherstone, Kevin]
Language: eng
Format: epub
Tags: International Relations, Trade & Tariffs, Public Policy, Political Science, Economic Policy, General
ISBN: 9780415038270
Google: kJAIEAAAQBAJ
Goodreads: 6213539
Publisher: Routledge
Published: 1989-11-02T00:00:00+00:00

Free Movement of Labour and of the Professions

COM(85) 355 final: Proposal for a Council Directive on a general system for the recognition of higher education diplomas.

COM(86) 257 final: Amended Proposal

This proposal forms part of the wider attempts by the EC to allow a citizen to have the opportunity of exercising his/her professional activities in a member state other than the one in which he/she obtained his/her professional training. It is also part of the EC's common vocational training policy, and was highlighted in the context of creating a 'People's Europe'. It aims to facilitate mobility by the mutual recognition of training courses and diplomas and by co-operation between the relevant national authorities. It is targeted at those professions which are subject to regulation.

The proposed system is general: it does not relate, as had earlier EC proposals, to a specific professional activity, such as that of a doctor, dentist or veterinary surgeon. The system is based on the comparability of training courses. The university-level training courses organised by the member states are largely similar in character, argues the Commission. An individual can thus in principle be regarded as qualified to exercise a professional activity in a Member State other than that in which he received his training if he holds a higher education diploma awarded following at least three years' training in preparation for this activity (Article 3).

However, this principle cannot be regarded as absolute. Comparability does not in fact exclude special features and differences. These relate essentially to the length of training courses, the content of the subjects taught, and field of activity of the professions to which the courses relate and requirements as regards periods of supervised professional training. For this reason, where the host Member State demonstrates that these special characteristics and differences exist, compensatory measures are provided for (Article 4); i.e. a period of professional experiences or completion of a period of supervised practice in the host country.

The system calls for mutual confidence between the Member States. To aid the host Member State in its task of assessing the qualifications offered and enable it to determine whether these qualifications are adequate, or whether compensatory measures are needed, cooperation is necessary between the Member States. The introduction of an information exchange and coordination procedure (Article 8(1), 9 and 10), both between the Member States and between the Member States and the Commission, is foreseen.

The system includes guarantees for the citizens of Europe who wish to make use of it. These guarantees are of two kinds. Firstly, on the procedural level, the power of the host Member State to assess qualifications is offset by its obligation to reach a decision rapidly and to justify its decision, i.e. to explain and support its content (Article 8(2)). Secondly, on an individual level, at the conclusion of the procedure where the outcome is positive each person has the right (which is essential in this respect) to use the academic title in use in the host Member State (Article 7(2)).

The system is described as 'evolutive'.

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