[ParlTrack]

Proposal for a directive
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. However, the national rules of a Member State must always be respected and take priority over any EU legislation.

2017/06/01
Committee: JURI

Jane COLLINS

Proposal for a directive
Recital 2

(2) In the absence of specific provisions harmonising the requirements on access to a regulated profession or its pursuit laid down in Union law, it is the Member States’ prerogative to decide whether and how to regulate a profession within the limits of the principles of non- discrimination and proportionalityt is the Member States’ prerogative to decide whether and how to regulate a profession within the limits of the principles of non-discrimination and proportionality. Should specific provisions harmonising the requirements on access to a regulated profession or its pursuit laid down in Union law exist, the legislation of the Member State takes precedence.

2017/06/01
Committee: JURI

Jane COLLINS

Proposal for a directive
Recital 5

(5) The results of the mutual evaluation process revealed a lack of clarity as regards the criteria to be used by national competent authorities when assessing the proportionality of requirements restricting access to or pursuit of regulated professions, as well as uneven scrutiny of such measures at all levels of regulation. To avoid fragmentation of the internal market and eliminate barriers to taking-up and pursuit of certain employed or self- employed activities, it is therefore necessary to establish a common approach at Union level, preventing disproportionate measures from being adopted.deleted

2017/06/01
Committee: JURI

Jane COLLINS

Proposal for a directive
Recital 8

(8) Member States should be able to rely on ~~a commo~~their own regulatory framework based on clearly defined legal concepts concerning the different ways to regulate a profession ~~across the Union~~within their own Member State. There are several ways to regulate a profession, for instance by reserving access to or the pursuit of a particular activity to holders of a professional qualification. National provisions may also regulate one of the modes of pursuit of a profession in laying down conditions for the use of professional titles.

2017/06/01
Committee: JURI

Jane COLLINS

Proposal for a directive
Recital 12

(12) Where the taking-up and pursuit of certain employed or self-employed activities are conditional on complying with certain provisions relating to specific professional qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure that such provisions are justified by public interest objectives, such as those within the meaning of the Treaty, namely public policy, public security and public health or by overriding reasons of general interest, recognised as such in the case- law of the Court of Justice. It is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation. For example, in order to ensure a high level of protection of public health, Member States should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved. It is also necessary to clarify that among the overriding reasons of general interest, recognised by the Court of Justice, are preserving the financial equilibrium of the social security system; the protection of consumers, recipients of services and workers; the safeguarding of the proper administration of justice; fairness of trade transactions; combating fraud and prevention of tax evasion and avoidance; road safety; the protection of the environment and the urban environment; the health of animals; intellectual property; the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives. According to settled case-law, purely economic reasons, having essentially protectionist aims, as well as purely administrative reasons, such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest.deleted

2017/06/01
Committee: JURI

Jane COLLINS

Proposal for a directive
Article 8 – paragraph 2

~~2. Member States shall inform the Commission of the competent authorities responsible for transmitting and receiving information for the purposes of applying paragraph 1.~~deleted

2017/06/01
Committee: JURI

6 Amendments of Jane COLLINS related to 2016/0404(COD)

ParlTrack - 2011-2024