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