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By Susan And Rachel Boyd Morris

Коллекция британского и европейского портрета 1600-1930 гг.

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The primary legal sources of the professional regulation in the EU are of course the Treaties and other equivalent instruments, such as the CFREU, which have the same fundamental legal status. All the other legal sources must respect this constitutional layer of the legal order of the EU. All the major legal principles on professional regulation – namely professional freedom, freedom of movement of services within the internal market and competition rules (see below) – stem from the constitutional law of the Union.

However, this conception is not accepted any more, due to the key importance of professional services in today’s economies and to the prevailing ‘market-conform’ approach to the provision of professional services. Market entry requirements (‘structural regulation’) Entry regulations determine the conditions for access to the profession. These conditions can be of qualitative or quantitative character. 8 Qualitative regulations establish qualifications requirements, such as minimum periods of education and university degrees, professional examinations, minimum periods of professional experience, compulsory apprenticeship, and mandatory registration or membership with a professional body.

In its case law, even before the CFREU, the ECJ recognized the freedom to choose and to practice a profession and acknowledged admissible limitations subject to certain conditions. In discussing professional freedom, the ECJ noted that the rights to pursue a trade or a profession as fundamental rights form part of the general principles of law the observance of which the Court ensures. Referring to constitutional traditions of Member States, the ECJ underlined that these rights are not unfettered prerogatives but must be viewed in light of their social function, and therefore could be subject to restrictions based on public interest.

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