Keywords

Summary



Keywords

1 . FREEDOM OF ESTABLISHMENT - OBJECTIVES OF THE TREATY - IMPLEMENTATION - ABSENCE OF COMMUNITY DIRECTIVES - NATIONAL PROVISIONS OR PRACTICE - OBLIGATIONS OF THE MEMBER STATES

( EEC TREATY , ARTICLES 5 , 52 AND 57 )

2 . FREEDOM OF ESTABLISHMENT - FOREIGN DIPLOMA - RECOGNITION OF EQUIVALENCE - UNIVERSITY EFFECT AND CIVIL EFFECT - DISTINCTION - COMPETENCE OF THE STATE OF ESTABLISHMENT - REQUIREMENTS OF COMMUNITY LAW - COMPLIANCE

( EEC TREATY , ARTICLE 52 )

3 . FREEDOM OF ESTABLISHMENT - NATIONAL OF A MEMBER STATE - EXERCISE OF A PROFESSIONAL ACTIVITY IN ANOTHER MEMBER STATE - PROFESSION OF ADVOCATE - DIPLOMA OBTAINED IN THE COUNTRY OF ORIGIN - RECOGNITION OF EQUIVALENCE WITH THE NATIONAL DIPLOMA OF THE COUNTRY OF ESTABLISHMENT - ABSENCE OF COMMUNITY DIRECTIVES - REQUIREMENT OF THE DIPLOMA OF THE COUNTRY OF ESTABLISHMENT - RESTRICTION INCOMPATIBLE WITH THE TREATY

( EEC TREATY , ARTICLES 52 AND 57 )

Summary

1 . FREEDOM OF ESTABLISHMENT , SUBJECT TO OBSERVANCE OF PROFESSIONAL RULES JUSTIFIED BY THE GENERAL GOOD , IS ONE OF THE OBJECTIVES OF THE TREATY . IN SO FAR AS COMMUNITY LAW MAKES NO SPECIAL PROVISION , THESE OBJECTIVES MAY BE ATTAINED BY MEASURES ENACTED , PURSUANT TO ARTICLE 5 OF THE TREATY , BY THE MEMBER STATES . IF FREEDOM OF ESTABLISHMENT CAN BE ENSURED IN A MEMBER STATE EITHER UNDER THE PROVISIONS OF THE LAWS AND REGULATIONS IN FORCE , OR BY VIRTUE OF THE PRACTICES OF THE PUBLIC SERVICE OR OF PROFESSIONAL BODIES , A PERSON SUBJECT TO COMMUNITY LAW CANNOT BE DENIED THE PRACTICAL BENEFIT OF THAT FREEDOM SOLELY BY VIRTUE OF THE FACT THAT , FOR A PARTICULAR PROFESSION , THE DIRECTIVES PROVIDED FOR BY ARTICLE 57 OF THE TREATY HAVE NOT YET BEEN ADOPTED . SINCE THE PRACTICAL ENJOYMENT OF FREEDOM OF ESTABLISHMENT CAN THUS IN CERTAIN CIRCUMSTANCES DEPEND UPON NATIONAL PRACTICE OR LEGISLATION , IT IS INCUMBENT UPON THE COMPETENT PUBLIC AUTHORITIES - INCLUDING LEGALLY RECOGNIZED PROFESSIONAL BODIES - TO ENSURE THAT SUCH PRACTICES OR LEGISLATION ARE APPLIED IN ACCORDANCE WITH THE OBJECTIVE DEFINED BY THE PROVISIONS OF THE TREATY RELATING TO FREEDOM OF ESTABLISHMENT .

2 . WITH REGARD TO THE DISTINCTION BETWEEN THE ACADEMIC EFFECT AND THE CIVIL EFFECT OF THE RECOGNITION OF EQUIVALENCE OF FOREIGN DIPLOMAS , IT IS FOR THE COMPETENT NATIONAL AUTHORITIES , TAKING ACCOUNT OF THE REQUIREMENTS OF COMMUNITY LAW IN RELATION TO FREEDOM OF ESTABLISHMENT , TO MAKE SUCH ASSESSMENTS OF THE FACTS AS WILL ENABLE THEM TO JUDGE WHETHER A RECOGNITION GRANTED BY A UNIVERSITY AUTHORITY CAN , IN ADDITION TO ITS ACADEMIC EFFECT , CONSTITUTE VALID EVIDENCE OF A PROFESSIONAL QUALIFICATION . THE FACT THAT A NATIONAL LEGISLATION PROVIDES FOR RECOGNITION OF EQUIVALENCE ONLY FOR UNIVERSITY PURPOSES DOES NOT OF ITSELF JUSTIFY THE REFUSAL TO RECOGNIZE SUCH EQUIVALENCE AS EVIDENCE OF A PROFESSIONAL QUALIFICATION . THIS IS PARTICULARLY SO WHEN A DIPLOMA RECOGNIZED FOR UNIVERSITY PURPOSES IS SUPPLEMENTED BY A PROFESSIONAL QUALIFYING CERTIFICATE OBTAINED ACCORDING TO THE LEGISLATION OF THE COUNTRY OF ESTABLISHMENT .

3 . WHEN A NATIONAL OF ONE MEMBER STATE DESIROUS OF EXERCISING A PROFESSIONAL ACTIVITY SUCH AS THE PROFESSION OF ADVOCATE IN ANOTHER MEMBER STATE HAS OBTAINED A DIPLOMA IN HIS COUNTRY OF ORIGIN WHICH HAS BEEN RECOGNIZED AS AN EQUIVALENT QUALIFICATION BY THE COMPETENT AUTHORITY UNDER THE LEGISLATION OF THE COUNTRY OF ESTABLISHMENT AND WHICH HAS THUS ENABLED HIM TO SIT AND PASS THE SPECIAL QUALIFYING EXAMINATION FOR THE PROFESSION IN QUESTION , THE ACT OF DEMANDING THE NATIONAL DIPLOMA PRESCRIBED BY THE LEGISLATION OF THE COUNTRY OF ESTABLISHMENT CONSTITUTES , EVEN IN THE ABSENCE OF THE DIRECTIVES PROVIDED FOR IN ARTICLE 57 , A RESTRICTION INCOMPATIBLE WITH THE FREEDOM OF ESTABLISHMENT GUARANTEED BY ARTICLE 52 OF THE TREATY .