Activities of Adam SZEJNFELD related to 2016/0404(COD)
Plenary speeches (1)
Proportionality test before adoption of new regulation of professions (debate) PL
Amendments (12)
Amendment 58 #
Proposal for a directive
Recital 1
Recital 1
(1) The freedom to choose an occupation is a fundamental right. The Charter of Fundamental Rights of the European Union guarantees the freedom to choose an occupation, as well as the freedom to conduct a business. The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market enshrined in the Treaty. National rules organising access to regulated professions should therefore not constitute any unjustified and disproportionate obstacle to the exercise of those fundamental rights in the internal market.
Amendment 110 #
Proposal for a directive
Recital 13
Recital 13
(13) Where a Member State intends to regulate a profession or to amend existing rules, account should be taken of the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, to professionals or third parties. It should also be borne in mind that, in the field of professional services, there is usually an asymmetry of information between consumers and professionals. Professionals display a high level of technical knowledge which consumers may not have and consumers therefore find it difficult to judge the quality of the services provided to them.
Amendment 123 #
Proposal for a directive
Recital 17
Recital 17
(17) Where a Member State regulates a profession, account should be taken of the fact that technological developments may reduce the asymmetry of information between consumers and professionals. In view of the speed of technological change and scientific progress, the reduction of bureaucratic barriers, and up-dates in access requirements may be of particular importance for a number of professions.
Amendment 136 #
Proposal for a directive
Recital 20
Recital 20
(20) The national authorities should carry out a global assessment of the circumstances in which the restrictive measure is adopted and implemented and examine in particular the cumulative effect of imposing several requirements in addition to the specific professional qualification. The taking-up and pursuit of certain activities may be conditional on complying with certain provisions such as rules relating to the organisation of the profession, compulsory membership of a professional body, professional ethics, supervision and liability. Therefore, when assessing the cumulative effect of the measures, the competent authorities should also take into account other existing requirements, such as continuous professional development, compulsory chamber membership, registration or authorisation schemes, quantitative restrictions, specific legal form requirements and shareholding requirements, territorial restrictions, multidisciplinary restrictions and incompatibility rules, requirements concerning insurance cover as well as language knowledge requirements, to the extent necessary to practise the profession. A measure introduced by a Member State cannot be regarded as necessary to achieve the objective pursued if it essentially duplicates requirements which have already been introduced in the context of other rules or procedures or it is clearly disproportionate to needs.
Amendment 160 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on a common framework for conducting proportionality assessments before introducing newof applicable legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existingas well as planned ones, with a view to ensuring the proper functioning of the internal market.
Amendment 185 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before introducing newcarry out an assessment of the proportionality of the rules laid down in this Directive when introducing new or amending existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, in accordance with the reulevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directives set out in this Directive. Member States shall remove disproportionate restrictions on access to or pursuit of regulated professions.
Amendment 200 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall take the necessary measures to ensure that the assessment of proportionality referred to in paragraph 1 is carried out in an objective and independent manner including through involvement of independent scrutiny bodies, while also taking into account the opinions of the social partners.
Amendment 206 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions they intend to introduce and amendments they intend to make to existing provisions are justified by public interest objectives.
Amendment 207 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions they intend to introduce and amendments they intend to make to existing provisions are unquestionably justified by public interest objectives.
Amendment 217 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Grounds of a purely economic nature, including persons pursuing regulated professions, having essentially protectionist aim or effects or purely administrative reasons shall not constitute overriding reasons in the public interest, justifying a restriction on access to or pursuit of regulated professions.
Amendment 221 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Before introducing newThe Member States shall assess whether the legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member States shall assess whether those provisions are necessary and suitable for securing the attainment of the objective pursued and do not go beyond what is necessary to attain that objective.
Amendment 321 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of the efficient application of this Directive, before introducing newwhen assessing current legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, as well as before introducing new provisions or amending existing ones, Member States shall encourage the exchange of information with competent authorities of other Member States on matters covered by this Directive, such as the particular way they regulate a profession or the effects of regulation identified in similar sectors of activities, on a regular basis, or, where appropriate, on an ad hoc basis.