Report 2011 - EFTA Court

Directive obliges any EEA State which regulates a profession
to recognise qualifications for pursuit of the same profession
obtained in other EEA States upon completion of the
respective national education, including any practical training
requirements. 18
57. in ESA’s view, the Directive provides for a two-stage approach
to the automatic recognition of diplomas of medical doctors in
accordance with the principle of minimum harmonisation. 19 First,
there is an assessment of the qualification granting access to the
profession and, second, this is subject to application of the rules
governing the pursuit of that profession. 20
58. As regards access to the profession, ESA submits that EEA
States retain the competence to require applicants to produce
the necessary diplomas. in turn, the national authorities of the
host State, in which the applicant intends to work, are obliged to
recognise certain diplomas awarded in another EEA State (“home
State”). in relation to the pursuit of the profession in the host
State, the Directive sets out additional rules in Articles 53 to 55
and Annex vii.
59. ESA argues that access to and pursuit of a regulated profession
are two distinct and separate steps of equal importance. it is only
when the conditions under both steps are fulfilled that a migrant
doctor is to be granted the right to take up and pursue the
specific medical profession in another EEA State.
60. As regards access to the profession of medical doctor in the host
State, ESA submits that Chapter iii of Title iii of the Directive
covers eight professions, including that of medical doctor, which
is further subdivided into (i) doctors with basic medical training
(only) and (ii) specialised doctors, including general practitioners.
ESA notes that the designations of qualifications and training
18 According to Article 3(1)(a) of the Directive, professions are considered “regulated” where
by virtue of national laws, regulations or administrative provisions access or pursuit
thereof requires the possession of specific professional qualifications.
19 Reference is made to Chapter iii of Title iii of the Directive.
20 Reference is made to Chapter iv of Title iii and to Title iv of the Directive.
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