Day of the Liberal Professions Liberal Professions. Definitions Carlos Matias Ramos CESE. Member of Groupe III Brussels, 27 November 2018 Day of the Liberal Professions. 27 November 2018

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

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

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

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

European Legislative Framework Concept 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, 2016 Day of the Liberal Professions. 27 November 2018

European Legislative Framework Kew words High-level qualification Usually subject to a clear and strict profession regulation The Liberal Professions. Extraordinary Goup III Meeting. Rome 1/12/2017

Exercise of Liberal Professions Activity 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. Day of the Liberal Professions. 27 November 2018

Core values of Liberal Professional Services. Confidence cycle 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. Day of the Liberal Professions. 27 November 2018

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. Day of the Liberal Professions. 27 November 2018

Regulation or not regulation. Some questions 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? Day of the Liberal Professions. 27 November 2018

From the cliché of to a definition of protectionism From the cliché of to a definition of public interest Public safety can not be compromised for the sake of professional mobility Day of the Liberal Professions. 27 November 2018

Day of the Liberal Professions. 27 November 2018 Is 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). Thank you Day of the Liberal Professions. 27 November 2018