ACE response to the Commission Proposal for a Directive on a proportionality test before adoption of new regulation of professions



The proposed Directive aims to create a legal framework for conducting proportionality assessments before introducing new or modifying existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions. According to the Commission, this action aims to introduce more clarity to the applicable criteria, strengthen reliability, transparency and comparability across Member States and ensure that rules are applied in an equal manner. More specifically, the proposal:

– obliges Member States to conduct an ex-ante proportionality assessment, substantiated by qualitative and, wherever possible, quantitative evidence;

– lists the justifications on grounds of public interest objectives on the basis of the TFEU or recognised as such by the Court of Justice;

– lays down a general obligation for Member States before introducing new or modifying existing provisions restricting access to or pursuit of regulated professions, to assess whether these provisions are necessary and suitable for securing the attainment of the objective pursued and do not go beyond what is necessary to attain that objective;

– sets out an obligation to inform all interested parties before introducing new measures and give them the possibility to express their views;

– provides for transparency of the proportionality assessments as well as a periodic review of the Directive.

Download the proposed Directive in all EU languages.

Read the ACE response to proposal for a Directive on a Proportionality Test


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