1. 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

2. 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

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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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