Editorial_lay:Layout 1 - BDIZ EDI

procedure in another Member State to be used to gain access
to a regulated profession that is otherwise denied pursuant to
national legislation. The Directive embodies the principle that
Member States must be able to reserve the option of fixing
the minimum level of qualification necessary for the pursuit
of a regulated profession to guarantee the quality of services
provided in their territory. Directive 2005/36/EC on the recognition
of professional qualifications that replaced Directive
89/48/EEC on diplomas in 2005 also incorporates a similar
principle in its eleventh recital.
The central assertion made by the judgement is applicable
to the regulations governing dentists (Directive 2005/36/EC).
Here, too, circumvention of the qualification requirements for
the pursuit of a regulated profession in a Member State must
not be permitted. Consequently if an aspiring dentist holds a
university diploma that does not entitle him to pursue the profession
in his own Member State but acquires homologation of
this diploma in another Member State in which the threshold
for entering the profession has been set lower than in his own
Member State, he is only entitled to pursue the profession only
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European Law
in the recognizing Member State. The prerequisites for pursuing
the profession set by his own Member State remain unaffected.
Shortening the overall education period would require the
university diploma itself to have been obtained in another
Member State. Unlike a homologation certificate, this university
diploma documents attest to education and training covered
by the education system of the Member State in question,
making it a “diploma” pursuant to Directive 2005/36/EG, which
must be recognized by the home Member State.
Solicitor Dr Michael Knab
Ratajczak & Partners
Berlin · Cologne · Essen · Freiburg ·
Meissen · Munich · Sindelfingen
Posener Straße 1
71065 Sindelfingen · Germany
knab@rpmed.de