REPORTS
Non-conformity of Greek provisions with the Directive (ΕU)2018/958 on a Proportionality Test before adoption of new regulation of professions: INFR(2021)2200
In the event that a Member State does not apply Union law and fails to fulfill any of the obligations laid down in the EU Treaties, the European Commission may initiate formal infringement proceedings under Articles 258 and 260 TFEU (details of infringement proceedings here).
2. Directive (EU) 2018/958 concerns a Proportionality Test before adoption of new regulation of professions).The freedom to choose an occupation is a fundamental right. The Charter of Fundamental Rights of the European Union guarantees the freedom to choose an occupation, as well as the freedom to conduct a business. In the absence of specific provisions harmonising the requirements on access to a regulated profession or the pursuit thereof laid down in Union law, it is a Member State competence to decide whether and how to regulate a profession within the limits of the principles of non-discrimination and proportionality. National rules should be applied in a non-discriminatory manner, should be justified by public interest objectives, should be suitable for securing the attainment of the objective which they pursue and should not go beyond what is necessary in order to attain that objective. The lack of proper implementation of the EU rules on proportionality tests could ultimately disadvantage consumers in the form of excessive prices, undermine the development of innovative services or even lead to insufficient access to important services.
As mentioned in the “December infringement package: main decisions/2-12-2021“ the European Commission sent a letter of formal notice to Greece, as it considered that the above Directive [INFR (2021) 2200] has not been properly implemented, calling on the country to strengthen the EU single market for regulated professions.
See more about this case in the European Commission press release.
The application of EU law is an obligation of the Member States of the European Union. If possible breaches of EU law are detected, the European Commission may take a series of actions against that Member State to ensure the correct and full application of EU law by initiating infringement proceedings in accordance with Articles 258 and 260 of the TFEU.
In this case, the European Commission sent a letter of formal notice to Greece, calling on it to comply with the provisions of Directive 2018/958 (on a Proportionality Test before adoption of new regulation of professions) ensuring its proper transposition into national law.
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