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Directive (EU) 2018/958 - Proportionality Test Before Adoption of New Regulation of Professions

Directive (EU) 2018/958 establishes a common framework that Member States must follow before introducing new, or amending existing, legislative,…

What Directive (EU) 2018/958 - Proportionality Test Before Adoption of New Regulation of Professions requires

Directive (EU) 2018/958 establishes a common framework that Member States must follow before introducing new, or amending existing, legislative, regulatory or administrative provisions that restrict access to, or the pursuit of, regulated professions falling within the scope of Directive 2005/36/EC. Member States must conduct an ex ante proportionality assessment whose depth is proportionate to the impact of the measure, ensure the measure is non-discriminatory on grounds of nationality or residence, demonstrate that it is justified by a public interest objective (purely economic or administrative grounds are not acceptable), and show that it is suitable and does not go beyond what is necessary, including by considering less restrictive means. Before adoption they must inform and involve stakeholders, guarantee an effective remedy, and record the reasons the measure is justified and proportionate in the EU database of regulated professions, which the Commission makes publicly available.

Pillar: Workplace · Authority: European Parliament and the Council of the European Union · Version: 1.0.0 · Last updated:

Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32018L0958

SHA-256 integrity: 27bee33a6de710329b64f184edcebfe0949072f3f90e2917653d5c731b3a0501

Primary Citations — 7 traced to source

  • Directive (EU) 2018/958, Article 1 - Subject matter: common framework for proportionality assessments before regulating professions
  • Directive (EU) 2018/958, Article 4 - Ex ante assessment of new measures and monitoring

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