REPORTS
Non-compliance of Greek legislation with Directive 2005/36/EC – infringement: INFR(2022)4078
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 on the recognition of professional qualifications aims to ensure the free and unhindered movement of persons and services between Member States. Nationals of EU Member States have the right to exercise their profession, whether self-employed or employed, in any Member State of the Union, regardless of where they obtained their professional qualifications. A uniform and modern system of recognition of professional qualifications and experience throughout the EU enhances the free provision of services within the Community.
Ηowever, the Commission considers that Greek legislation has not complied with the provisions of this directive since, “Under Greek law, professionals qualified as school directors and other education managers in other Member States must obtain an academic, instead of a professional recognition of their qualifications in order to be able to work in Greece. This is contrary to the provisions of Directive 2005/36/EC, which foresees that a professional qualifications recognition procedure must be applied in this situation. As the academic recognition procedure is more burdensome than the professional recognition procedure of the directive, this also results in making access to the Greek labour market more difficult for those EU professionals.” For this reason, the European Commission has sent Greece a letter of formal notice [Infringement number: INFR(2022)4078]
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 particular case, the European Commission sent a letter of formal notice asking Greece to comply with Directive 2005/36/EC (on the recognition of professional qualifications) and to bring its national legislation in line with the Directive.
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