Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-01-13-Speech-2-357"
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"en.20090113.28.2-357"2
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"Firstly I should clarify that the Commission does not pursue as a general objective the opening of closed professions. However, in the context of its internal market policy, it considers that the legitimate need for Member States to regulate certain activities has to be reconciled with the need to ensure the free movement of professionals throughout Europe.
It goes without saying that better quality and wider choice in professional services must have a positive effect on the entire EU economy. To this end, the Services Directive obliges Member States to screen their national legislation for requirements applied to certain professions, such as quantitative and territorial restrictions, in order to evaluate their appropriateness in the light of conditions established in the case-law of the European Court of Justice. By 28 December 2009 Member States will have to present to the Commission their report on the results of this screening and evaluation exercise. This will give them an opportunity to identify the possible negative repercussions of opening up certain closed professions and justify any restrictions.
On the basis of these national reports, the Commission and all Member States will undertake the process of mutual evaluation and will examine and discuss changes introduced in Member States’ legislation as well as any requirements that would have been maintained. On 28 December 2010 the Commission will present a summary report to the European Parliament and the Council on the results of this mutual evaluation process. Obviously, requirements to think about specifically regulating the professions will be discussed in this context. In addition, again with the aim of ensuring the functioning of the internal market, infringement proceedings have been opened whenever national rules are found to impose discriminatory or disproportionate restrictions in the area of regulated professions as regards, for instance, access to ownership, incompatibilities or compulsory tariffs.
Finally, the Commission’s work in the field of competition also seeks to stimulate appropriate patterns of review of the existing professional rules within each Member State, as provided for in the two Commission reports on competition in professional services. National competition authorities are invited to check, in the light of competition rules, whether a regulation has clearly defined both a public interest objective and the least restrictive means of achieving that objective."@en1
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