Practice in the European Community

The European Commission in late eighties suggested a major new approach to tackle restrictions imposed on the harmonization of the legal and other professions which in effect allows those concerned to practice their profession freely within the community. It put forward a draft directive on higher education diplomas, under which the qualifications necessary to pursue a profession in one Member State will be recognized throughout the community. The directive will apply to all professions to which access is in some way restricted by the state and which require at least three years' university level training or equivalent plus any appropriate job-based training. It will therefore apply to lawyers, accountants, engineers and many others.

The Directive was agreed by the Council of Ministers in December 1988 and Member States should have implemented it by 4 January 1991. It will enable a professional from one Member State to become a member of the equivalent profession in another Member State 'without' having to re-qualify herself/himself.


It does so by introducing the principle of mutual recognition; in other words a fully qualified professional in one Member State is deemed to be fully qualified in another, subject to two safeguards designed to maintain professional standards.

The first involves the length of education and training which the professional has received in their own country. If it is shorter than that required in the country to which they wish to move, the professional concerned may be required to produce evidence of up to four years' experience as a fully qualified professional in another EC country in addition to their professional education and training. This ensures that any shortfall in the length of training is made good by professional experience, thus bringing the person concerned up to an equivalent level of expertise.

The second safeguard takes effect where there is a substantial difference in the content of education and training in a given profession between two EC states. This applies even where the length of the two professional training courses is the same. There are two main reasons why the content of a course might differ substantially. Firstly, the actual boundaries of a profession may vary between Member States. Secondly, the boundaries of a profession may be the same but there may be individual subjects which are specific to one Member State and which are essential in order to operate as a fully qualified professional in that state.

In the above situations, incoming professionals may be required to undergo a test or period of supervised practice designed to ensure that they have acquired the extra knowledge needed to be a fully effective professional in the field concerned. It comprises either an examination -- known as the 'aptitude test' - or a period of assessed supervised practice -- known as the 'adaptation period', not exceeding three years, in the country concerned. It is for the incoming professional to choose between the two. The test must not be too difficult and the adaptation period must not be too long.

In some cases an experienced professional who is already familiar with professional requirements in the country to which he or she is applying may choose to take the test. In other cases, a less experienced professional may choose instead to undergo a period of supervised practice with a fully qualified professional from the country concerned in order to adapt to local conditions.

The Directive provides an exception in which the Member State may specify either an aptitude test or an adaptation period for those professions which require a precise knowledge of national law and involve providing advice on national law as a constant and essential aspect of the professional activity.

Once the Directive is in force, all professionals whose qualifications fall within its scope will have a right to have their qualifications recognized in another Member State. To do so, they should first consult the list of 'competent authorities' - bodies responsible for receiving applications to practice in the relevant Member States. Application will be made along with his or her qualifications and the authority will either

a) accept the application and grant recognition to the professional concerned, including the right to use the appropriate title or designatory letters;

b) require the professional to produce evidence of further professional experience;

c) require the professional to take an aptitude test or undergo a period of supervised practice;

d) reject the application.

The competent authority's decision must in any case be supported by reasons and the professional will have a right of appeal to a national court or tribunal.

To take advantage of these opportunities, members of the professions will need to be prepared. Languages are an obvious area for attention. English is widely spoken and understood within the community but knowledge of languages in other Member States will be essential for practicing there. Knowledge of the relevant language will be a significant part of the professional's overall marketability.