Keywords

Summary



Keywords

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1 . FREE MOVEMENT OF PERSONS - WORKERS - RECOGNITION OF DIPLOMAS - ABSENCE OF HARMONIZING DIRECTIVES - DUTY OF THE MEMBER STATES TO ENSURE THE FREE MOVEMENT OF WORKERS UNDER THEIR LEGISLATION ON THE EQUIVALENCE OF DIPLOMAS - CRITERIA FOR ASSESSING EQUIVALENCE

( EEC TREATY, ARTS 5 AND 48 )

2 . FREE MOVEMENT OF PERSONS - WORKERS - FREE ACCESS TO EMPLOYMENT - FUNDAMENTAL RIGHT LAID DOWN IN THE TREATY - DECISION OF A NATIONAL AUTHORITY REFUSING THE BENEFIT OF THAT RIGHT - SUBJECT TO JUDICIAL PROCEEDINGS - REQUIREMENT STEMMING FROM A GENERAL PRINCIPLE OF COMMUNITY LAW

( EEC TREATY, ART . 48 )

3 . FREE MOVEMENT OF PERSONS - WORKERS - RECOGNITION OF DIPLOMAS - ABSENCE OF HARMONIZING DIRECTIVES - DECISION OF A NATIONAL AUTHORITY REFUSING TO GRANT RECOGNITION - DUTY TO STATE REASONS - SUBJECT TO JUDICIAL PROCEEDINGS

( EEC TREATY, ART . 48 )

Summary

1 . THE LAWFUL REQUIREMENT WHEREBY, IN THE VARIOUS MEMBER STATES, ADMISSION TO CERTAIN OCCUPATIONS IS SUBJECTED TO THE POSSESSION OF DIPLOMAS CONSTITUTES A RESTRICTION ON THE EFFECTIVE EXERCISE OF THE FREEDOM OF ESTABLISHMENT GUARANTEED BY THE TREATY THE ABOLITION OF WHICH IS TO BE MADE EASIER BY DIRECTIVES FOR THE MUTUAL RECOGNITION OF DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS . IN VIEW OF THE REQUIREMENTS OF ARTICLE 5 OF THE TREATY, THE FACT THAT SUCH DIRECTIVES HAVE NOT YET BEEN ADOPTED DOES NOT ENTITLE A MEMBER STATE TO DENY THE PRACTICAL BENEFIT OF THAT FREEDOM TO A PERSON SUBJECT TO COMMUNITY LAW WHEN THAT FREEDOM CAN BE ENSURED IN THAT MEMBER STATE, IN PARTICULAR BECAUSE IT IS POSSIBLE UNDER ITS LAWS AND REGULATIONS FOR EQUIVALENT FOREIGN DIPLOMAS TO BE RECOGNIZED .

SINCE IT HAS TO RECONCILE THE REQUIREMENT AS TO THE QUALIFICATIONS NECESSARY IN ORDER TO EXERCISE A PARTICULAR OCCUPATION WITH THE REQUIREMENTS OF THE FREE MOVEMENT OF WORKERS, THE PROCEDURE FOR THE RECOGNITION OF EQUIVALENCE MUST ENABLE THE NATIONAL AUTHORITIES TO ASSURE THEMSELVES, ON AN OBJECTIVE BASIS, THAT THE FOREIGN DIPLOMA CERTIFIES THAT ITS HOLDER HAS KNOWLEDGE AND QUALIFICATIONS WHICH ARE, IF NOT IDENTICAL, AT LEAST EQUIVALENT TO THOSE CERTIFIED BY THE NATIONAL DIPLOMA . THAT ASSESSMENT OF THE EQUIVALENCE OF THE FOREIGN DIPLOMA MUST BE EFFECTED EXCLUSIVELY IN THE LIGHT OF THE LEVEL OF KNOWLEDGE AND QUALIFICATIONS WHICH ITS HOLDER CAN BE ASSUMED TO POSSESS IN THE LIGHT OF THAT DIPLOMA, HAVING REGARD TO THE NATURE AND DURATION OF THE STUDIES AND PRACTICAL TRAINING WHICH THE DIPLOMA CERTIFIES THAT HE HAS CARRIED OUT .

2 . SINCE FREE ACCESS TO EMPLOYMENT IS A FUNDAMENTAL RIGHT WHICH THE TREATY CONFERS INDIVIDUALLY ON EACH MIGRANT WORKER IN THE COMMUNITY, THE EXISTENCE OF A REMEDY OF A JUDICIAL NATURE AGAINST ANY DECISION OF A NATIONAL AUTHORITY REFUSING THE BENEFIT OF THAT RIGHT IS ESSENTIAL IN ORDER TO SECURE FOR THE INDIVIDUAL EFFECTIVE PROTECTION FOR HIS RIGHT . THAT REQUIREMENT REFLECTS A GENERAL PRINCIPLE OF COMMUNITY LAW WHICH STEMS FROM THE CONSTITUTIONAL TRADITIONS COMMON TO THE MEMBER STATES AND HAS BEEN ENSHRINED IN ARTICLES 6 AND 13 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS .

3 . WHERE IN A MEMBER STATE ACCESS TO AN OCCUPATION AS AN EMPLOYED PERSON IS DEPENDENT UPON THE POSSESSION OF A NATIONAL DIPLOMA OR A FOREIGN DIPLOMA RECOGNIZED AS EQUIVALENT THERETO, THE PRINCIPLE OF THE FREE MOVEMENT OF WORKERS LAID DOWN IN ARTICLE 48 OF THE TREATY REQUIRES THAT IT MUST BE POSSIBLE FOR A DECISION REFUSING TO RECOGNIZE THE EQUIVALENCE OF A DIPLOMA GRANTED TO A WORKER WHO IS A NATIONAL OF ANOTHER MEMBER STATE BY THAT MEMBER STATE TO BE MADE THE SUBJECT OF JUDICIAL PROCEEDINGS IN WHICH ITS LEGALITY UNDER COMMUNITY LAW CAN BE REVIEWED, AND FOR THE PERSON CONCERNED TO ASCERTAIN THE REASONS FOR THE DECISION .