Cualificaciones profesionales y derecho de la Unión Europea

Abstract

The practice of the Member States of the European Union consisting in establishing requirements for access to the exercise of certain professions, conditioning it to obtain professional or academic qualifications, or establishing compulsory membership, may constitute a barrier or restriction to the freedoms of circulation and establishment established by the Treaty on the Functioning of the European Union, as well as the freedom to provide services. The aim of the present paper will be to study the regulations of the European Union that conditions that situation, that without prohibiting such practices, demand that the principle of proportionality be applied in this area. We will deal with the study of the most relevant Directives and pay special attention to both the Services Directive and the recent Directive (EU) 2018/985, of the European Parliament and of the Council, of June 28, 2018, regarding the proportionality test before adopting new profession regulations.