Professional qualifications: Infringement procedure against Italy (and 21 other EU countries) for excessive checks

Brussels – Italy is lagging on professional qualifications. The European Commission launched infringement proceedings over checks upon arrival on educational qualifications, contrary to an EU law — Directive of 2005 — that it disregards after 20 years. It’s not just Italy that has landed in Brussels’ crosshairs: three-quarters of EU member states share the same infraction as Italy.

Austria, Belgium, Bulgaria, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Luxembourg, Malta, Netherlands, Poland, Czech Republic, Romania, Slovenia, Spain, and Sweden all have in common with Italy a national legislation that is wrong.

According to legal requirements, some professional categories — like healthcare (doctors and nurses) — are subject to preventive checks. For professions that have implications for public health and safety, member states may verify qualifications before allowing people to offer services. However, like other EU states, Italy has “focused this enforcement action on three areas of particular importance, i.e. construction, transport, and business services,” the EU executive notes.

The choice is contrary to EU rules as it is an “unjustified” system that restricts the provision of services and free movement of workers. It goes against the Directive on the Recognition of Professional Qualifications, designed to simplify the temporary and occasional provision of services by professionals in different member states. Now, there are two months to give an explanation, which will have to be convincing because, otherwise, the procedure will proceed.

For Italy, the initiation of the procedure confirms its long-standing issues. On professional qualifications, the country excluded skilled Croatian workers during the latest enlargement of the European Union.