Court battle looms as Cyprus faces EU scrutiny over professional qualifications

The European Commission decided to refer Cyprus and Malta to the Court of Justice of the European Union for incorrect transposition of EU rules on the recognition of professional qualifications, it was announced in the context of the Commission’s July infringement package. The case of Cyprus focuses on the recognition of professional qualifications for engineers and architects.

According to the Commission, the current national rules create unjustified obstacles to the recognition of professional qualifications cross-border and therefore obstruct professional mobility.

In particular, when it comes to Cyprus, the Cypriot legislation imposes unjustified preconditions for the recognition of professional qualifications of engineers and architects and does not fully ensure the automatic recognition of architects.

Those infringement cases target obstacles on the skilled professionals in the construction sector, such as architects, engineers, electricians and gas installers, the Commission notes, adding that the construction sector has been identified as a priority sector in a recent Commission Communication ‘Single Market at 30'.

In the case of Malta, the Maltese legislation imposes additional training and language requirements on medical and para-medical professions. In addition, it imposes excessive procedural and documentary requirements for veterinarians who wish to provide temporary services in Malta.

The Commission explains in its press release that Directive 2005/36/EC, as amended by Directive 2013/55/EU, have contributed to the creation of a modern system for the recognition of professional qualifications and experience across the EU, and make it easier for professionals to provide their services in different Member States.

The Commission also sent a letter of formal notice to Germany as well as a reasoned opinion to Belgium, Cyprus and Romania for breaches of the Professional Qualifications Directive.