Day of the Liberal Professions - PowerPoint Presentation

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Day of the Liberal ProfessionsLiberal Professions. Definitions

Carlos Matias RamosCESE. Member of Groupe III

Brussels

, 27 November 2018

Day of the Liberal Professions. 27 November 2018

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Why the problem of Professional Services deserves a special attention at EU level?Day of the Liberal Professions. 27 November 2018

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About 50 M people works in regulated professional services, corresponding to approximately 22% of the EU labour force.The liberal professions play an important role in the social and economic development of many European countries. They provide jobs, contribute to economic growth and fulfil important social-welfare functions. The mobility of professionals in general (including but not limited to liberal professions) is currently low in the European Union. About 9% of EU citizens have ever worked abroad. (In: European Commission- Action lines for liberal professions. Final Report of Working Group, 2015)

European Parliament IMCO Workshop, July 2017 Day of the Liberal Professions. 27 November 2018

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Liberal Professions. Definitions EU Directive Day of the Liberal Professions. 27 November 2018

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There is no legally binding definition for “Liberal Professions” at EU level.The European legislative framework affecting the liberal professions includes the Professional Qualification Directive (Directive 2005/36/EC), stablished with a main objective: improve and facilitate mobility by recognition of qualifications. This Directive has undergone substantial revision with the publication of the Directive 2013/55/EU of 20 November 2013.

Directive 2005/36/EC of the European ParliamentDay of the Liberal Professions. 27 November 2018

Liberal professions, […] are, according to this Directive on the Recognition of Professional Qualifications , those practiced on the basis of:relevant professional qualifications in a personal, responsible and professionally

independent capacity (and impartiality) by those providing intellectual and conceptual services in the interest of the client and the public. Note: There are different views on the interpretation of the question which means " the interest of the client and the public " and how this concept can be applied in a Directive.

European Legislative FrameworkConcept

The Court of Justice referred to the concept of Liberal Professions as: “… activities which, inter allia, are of a marked intellectual character, require a high-level qualification and are usually subject to a clear and strict profession regulation.”

in: Recommendations of the Working Group on Bolstering the Business of Liberal Professions. European Commission, 2016Day of the Liberal Professions. 27 November 2018

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European Legislative FrameworkKew words The Liberal Professions. Extraordinary Goup III Meeting. Rome 1/12/2017

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High-level qualification Usually subject to a clear and strict profession regulation

Exercise of Liberal Professions ActivityDay of the Liberal Professions. 27 November 2018

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In the exercise of Professional Services, the personal element is of special importance and such exercise always involves a large measure of independence in the accomplishment of the professional activities. (Case C-267/99 Adam [2001] ECR I-7467).Liberal Professions activities require special training in the arts or sciences such as: lawyers, notaries, engineers, architects, dentists, doctors, tax advisers or accountants.

Stakeholder Inputs

Independence and Impartiality

Conflict of Interests

Ethic Responsibility

Confidentiality of Information

Independence and impartiality

.

The Liberal Profession should provide

Services autonomously

, without interference from Government agencies, subcontractors

or other third parties.

Confidentiality of information

.

The

cornerstone for the building

of

trust between professionals

and their clients or patients

.

Conflict of interests

. To maintain

relationships of trust between

the

client and service provider

.

Ethic responsibility

. Guaranteed through

standardised and enforceable regulations

and codes of conduit.

The first priority must

be the best interests of the client or patient

.

Core values of Liberal Professional Services. Confidence cycle

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Liberal Professions: Core values.

Relevant professionally qualification (as a combination of formal education with professional accredited certification expertise)Responsibility and independent professional practice.Providing intellectual and conceptual services in the interest of the client and the public (

public interest).Confidentiality, as an ethical value must be a priority.Professionals of public (consumer) confidence-interest (public interest). Usually subject to a clear and strict profession regulation.

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Regulation or not regulation. Some questionsDay of the Liberal Professions. 27 November 2018

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The guaranty of the quality of the liberal professionals (evidenced by the effective qualifications and skills) is the same in all the EU countries?Can the Internal Market in EU be applied without restriction to the pursuit of the liberal professions activity? Free circulation means the adoption of “single market law”?

In the absence of professional regulation how to guaranty the exercise of liberal professions dealing with public safety – public interest (ex: health, engineering, and so one)? What barriers in free circulation? Model of regulation. Static (rigid laws) or dynamic (according to technological and social evolution)?

No regulation, public regulation or private regulation? National regulation or EU regulation?

From the cliché of

to a definition of

Day of the Liberal Professions. 27 November 2018

protectionism

public interest

Public safety can not be compromised for the sake of professional mobility

Thank youIs the adequate regulation, with competition rules and Professional Codes, incompatible with the free movement of professionals?

꙰The ethical rules contribute to preserve an essential legal asset to market dynamics, namely trust (Giuseppe Colavitti). Day of the Liberal Professions. 27 November 2018

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