CLEAR News - Winter 2004


International News

European Parliament Holds Hearings on Directive to Improve Professional Mobility

November 11, 2004 saw the Internal Market and Social Affairs Committees of the European Parliament hold public hearings on the draft Directive on Services in the Internal Market. As reported previously, the proposed directive aims to provide a legal framework for the removal of unnecessary barriers to trade across the EU member states. The Directive itself is part of a wider "Lisbon strategy" to increase competitiveness and employment in the European Union where services are responsible for between fifty and seventy per cent of GDP and sixty to seventy per cent of new employment. The Directive covers business services such as accountancy, management consultancy, legal advice, real estate services and construction, as well as health care services.

At the hearing, support for the Directive came from representatives of the business community such as Stig Henriksson of Eurocommerce (which represents small and medium-size enterprises) who said it would promote job creation. Similarly, Arjan Lejour from the Netherlands Bureau for Economic Policy Analysis in the Hague, welcomed the opportunity to remove obstacles to the internal market and overcome varying national restrictions that had proved impossible to harmonise.

Concerns at the content of the Directive were based around the exemptions provided for by the Directive, while others such as Jim Murray of the European Consumers' Organisation (BEUC) declared that "not all obstacles are bad in themselves," citing particularly those that protect consumers' rights. There were also calls for the exemption of the regulated legal professions as well as audio-visual industries.

The envisaged timeline for the Directive has it being adopted by the European Parliament and Council during 2005. This year will also see the beginning of a screening program of national rules and regulations to be reported on in 2007 by each Member State.

Additional Resources:
Proposed Directive
Full Text of Contributions at November 11, 2004 Hearing
Frequently Asked Questions About the Directive (updated 10/15/2004)

European Court of Justice Bolsters Moves to Increase Professional Mobility

The European Court of Justice has ruled against the European Union (EU) Member State of Greece for the systematic failure to register EU nationals with architectural diplomas not issued by Greece. This contravenes current EU legislation requiring Member States to recognise qualifications issued by other Member States and the court regularly finds in favour of the free movement of professionals. Indeed a considerable body of case law has been developed on this subject based around Service and Establishment Directives.

Additional Resources:
European Court of Justice
Case Judgement and Opinion

Operating Department Practitioners Newly Regulated in the United Kingdom

As of October 18, 2004 Operating Department Practitioners (ODP) became the thirteenth profession to be regulated by the UK's Health Professions Council. ODPs are involved in assessing patients prior to surgery and preparing equipment including anaesthetic machines, ventilators, monitoring equipment, and airway devices and adopted the title of ODP profession-wide in the early 1990s. Reacting to the inclusion of ODPs on the register, Norma Brook, President of the Health Professions Council said, "We are delighted to welcome the operating department practitioners to the register and hope this will be the first of many aspirant professions to join the HPC."

The Health Professions Council also regulates Art Therapists, Biomedical Scientists, Chiropodists/Podiatrists, Clinical Scientists, Dieticians, Occupational Therapists, Orthoptists, Prosthetists and Orthotists, Paramedics, Physiotherapists, Radiographers, and Speech and Language Therapists.

Additional Resources:
Health Professions Council

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