CLEAR News - Summer 2002

International News

 

European Commission Proposes Revamp of Recognition of Professional Qualifications
In an attempt to facilitate greater free movement of professionals, the European Commission (EC) has forwarded a proposal to the European Parliament and Council of Ministers. The Commission calls for a Directive to simplify the rules, not least because of the prospect of an enlarged European Union. (An overview of the proposed enlargement process can be found at http://europa.eu.int/comm/enlargement/intro/index_en.htm). Driving this change is vital to Europe's continued competitiveness suggests Internal Market Commissioner Frits Bolkestein. "The free movement of qualified persons contributes to the development of the knowledge-based economy, the flexibility of labor markets and improved public services. The purpose of this proposal is to ensure a clearer and simpler system for the benefit of the workers concerned and to step up our efforts to create in Europe, by 2010, the world's most dynamic and competitive economy".

The Commission recommends the replacement of the current Directives (an overview of the different directives in place can be found at http://www.dfes.gov.uk/europeopen/03.shtml) regarding the recognition of professional qualifications. Key changes would include increased liberalization of the provision of services, further automatic recognition of qualifications and more flexibility in procedures to revise the Directive. Additionally, the proposal indicates an intent to develop the Commission's co-operation with Member States to better inform and assist citizens in getting qualifications recognized.

The Commission's proposal follows a process of consultation begun in June 1, 2001 as reported in previous editions of CLEAR News. The results of the consultation are now available for review at http://www.europa.eu.int/comm/internal_market/en/qualifications/02-02-06cons_res.pdf. While most Member States appear content with the system of General System directives (the process of mutual recognition of professional qualifications with the exception of certain professions covered by sectoral directives), concern was expressed at the lack of clarity and transparency. The consultation document provides feedback on eight areas: views on the General System and the Sectoral Directives; views of further liberalization of the provision of services; views on common platforms; views on ways to adapt the directive; views on the possibility to co-ordinate the application of all rules on professional recognition within a single committee of national officials; and views on improvement of recognition processes and on the availability of information.

The Commission has also produced a detailed 'Frequently Asked Questions' document about the proposals, which can be found at http://www.europa.eu.int/comm/internal_market/en/qualifications/02-52.htm

 

Further links:
-European Commission - http://europa.eu.int/comm/index_en.htm

-Information about the June 2001 consultation - http://www.europa.eu.int/comm/internal_market/en/qualifications/01-929.htm

-Contact points for professional recognition in the Member States and EEA (European Economic Area) Countries -http://www.europa.eu.int/comm/internal_market/en/qualifications/contact.htm

- Guide for Users of the General System for the Recognition of Professional Qualifications - http://www.europa.eu.int/comm/internal_market/en/qualifications/guideen.pdf

 

Update on European Commission Action on Non-Implementation of Lawyers' Establishment Directive
As reported in the last edition of CLEAR News, the European Commission began proceedings against Belgium, the Netherlands, France, Ireland and Luxembourg after they were adjudged to have failed to implement the lawyers' establishment Directive. France has now been removed from the list as legislation is forthcoming and implementation of the Directive is expected shortly.

 

Japanese Bar Places Restrictions on Foreign Firms
The Nichibenrern, the Japanese Federation of Bar Associations has placed limits on law firms wanting to operate within its jurisdiction. The newly introduced rules restrict limited liability status (in practice the ability to become a legal corporation) to firms with Japanese names. It is thought that the bar association will face pressure at the next round of GATS liberalization talks.

-Update on GATS negotiations - http://www.wto.org/english/tratop_e/dda_e/dohaexplained_e.htm#services

-Japanese Federation of Bar Associations (Nichibenrern) - http://www.nichibenren.or.jp/en/index.html



In other international news:
New Zealand Government Waters Down 'Dobbing In' Legislation for Health Professionals (New Zealand Herald) - http://www.nzherald.co.nz/./storydisplay.cfm?storyID=2044245&thesection=news

World Health Organization Aims To Mainstream Alternative Medicine Around the Globe (FT.com) - http://news.ft.com/ft/gx.cgi/ftc?pagename=View&c=Article&cid=FT3PVZ5UA1D&liv

South Africa to Recognize Traditional Healers (BuaNews - Pretoria) - http://allafrica.com/stories/200204230646.html

Recruiting UK Hospitals Threaten Health Care in Developing Nations (Ghanaian Chronicle) - http://allafrica.com/stories/200204250103.html

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