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26 Eur. J. Health L. 1 (2019)

handle is hein.journals/eurjhlb26 and id is 1 raw text is: European Journal EUROPEAN JOURNAL OF HEALTH LAW 26 (2019) 1-3 of Health Law BRILL NIJHOFF brill.com/ejhl Editorial: The Directive on a Proportionality Test and Healthcare Professions After a relative short preparatory period, the Directive (EU) 2018/958 of the European Parliament and of the Council of 28 June 2018 on a proportional- ity test before the adoption of a new regulation of professions (hereafter: the Proportionality Test Directive or Directive) entered into force on 29 July 2018.1 Member States will have to comply with the Directive by 30 July 2020 (Article 13). Directive 2005/36/EC (professional qualifications recognition)2 already in- cludes an obligation for Member States to assess the proportionality of their requirements restricting access to, or the pursuit of, regulated professions, and to communicate the results of that assessment to the Commission (Recital 5 of the Preamble to the Proportionality Test Directive). The results of this mutual evaluation process revealed a lack of clarity regarding the criteria to be used by Member States when assessing the proportionality of requirements restrict- ing access to, or the pursuit of, regulated professions. A common approach at Union level, preventing disproportionate measures from being adopted by Member States was proposed by the Commission in its Communication of 28 October 2015 on 'Upgrading the Single market: More opportunities for peo- ple and business' (Recitals 5 and 6 of the Preamble). In January 2017, the European Commission proposed a Directive on a proportionality test before the adoption of new regulation of professions.3 The material scope of the proposal was the same as for the Professional Qualifications Directive, namely all regulated professions, including the I OJ 2018, L 173/25-34. 2 Of 2005, L 255/22. 3 See for a critical assessment, R. Baeten, Was the Exclusion of Health Care from the Services Directive a Pyrrhic Victory?A Proportionality Test on Regulation ofHealth Professions, Brussels, OSE Opinion Paper No 18/April 2017, 25; R. Baeten, 'Healthcare regulation: an obstacle to cross-border trade in services? On the muffled application of the EU Single Market Strategy', in B. Vanhercke, S. Sabato and D. Bouqet (eds.), Social Policy in the EU: State ofPlay (Brussels: European Trade Union Institute and European Social Observatory, 2017), 133-154; see also H. Nys, 'European Union Health Law, in H. Nys (ed), International Encyclopaedia of Laws: Medical Law (Alphen aan den Rijn: Kluwer Law International, 2018), 63-64. @ KONINKLIJKE BRILL NV, LEIDEN, 2018 DOI:10.1163/15718093-12261005

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