Brussels, 12/04/2002 (Agence Europe) - The European Commission has decided to refer Greece to the Court of Justice over its failure to allow architects who have qualified in other EU countries to practise in Greece. The Commission has also decided to request France to change its practices with regard to the recognition of doctors' qualifications obtained outside the EU but already recognised by other Member States. The French authorities have two months to respond.
The Greek authorities require architects working in Greece to be members of the Greek Technical Chamber (TEE). However, the TEE systematically refuses to accept applications from EU architects who have qualified in Member States other than Greece. The Commission considers that this contravenes Directive 85/384/EEC, which establishes the principle of the mutual recognition of diplomas in order to facilitate the free provision of services and the freedom of establishment. The validity of architects' qualifications should, under the terms of Directive 85/384/EEC, be recognised throughout the Union.
The problem concerns the French authorities' failure to recognise doctors' qualifications obtained outside the EU but already recognised by other Member States. The Commission considers that the French authorities' practices are in contravention of EC Treaty rules on the freedom of establishment (Article 43), as interpreted by the European Court of Justice. In particular, the Court indicated that Member States' authorities must take into consideration all the qualifications held by the applicant, as well as his or her relevant professional experience. According to the ruling, Member States' authorities must compare the applicant's professional capacities, as attested by these qualifications and experience (whether they were obtained inside or outside the EU), with the knowledge and qualifications required by their own national legislation.