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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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