Each Member State of the European Union must fully apply EU law. The body responsible for identifying possible violations of EU law is the European Commission. Where a Member State does not apply EU law and breaches its obligations under the EU Treaties, the European Commission may open a formal infringement procedure under Articles 258 and 260 TFEU (see details on the infringement procedure here).
Directive 2005/36/EC concerns the rules governing the recognition by a Member State of professional qualifications obtained in other Member States. These EU rules have contributed to the creation of a modern system for the recognition of professional qualifications and experience throughout the EU.
As mentioned in the “April package of infringements”, these rules make it easier for professionals to provide their services in different Member States, while ensuring an improved level of protection for consumers and citizens.
However, Greek legislation does not comply with the above directive, In particular, under the Greek law, professionals qualified as career counsellors in other Member States must obtain an academic recognition instead of a professional recognition of their qualifications, to be able to work in Greece.
Noting, inter alia, that the academic recognition procedure is more burdensome than the professional recognition procedure and that, as a result, access to the Greek labour market for such professionals is made more difficult, the European Commission decided to send a letter of formal notice to Greece, calling on it to comply with the EU rules, which provides that a professional qualifications recognition procedure must be applied. Greece now has two months to respond to the Commission’s arguments. Otherwise, the Commission may send a reasoned opinion to Greece.
More information on this procedure can be found on the European Commission’s website by entering INFR(2023)4003 in the “Infringement number” field.
The application of EU law is an obligation of the Member States of the European Union. If infringements of EU law are identified, the European Commission may take a series of actions against the Member State concerned to ensure the correct and full application of EU law by opening infringement proceedings under Articles 258 and 260 TFEU.
In this case, the Commission sent a letter of formal notice due to Greece’s non-compliance with the rules on the recognition of professional qualifications.
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