Professional Regulation (Directive)

The EU Commission wants to ensure that, in future, prior to the introduction or amendment of national provisions to regulate professions, these will be assessed more carefully as to their proportionality. In cep’s view, the Commission’s proposal for a Directive imposes tighter limits on the anti-competitive misuse of professional regulation than previously.


In the cepPolicyBrief, its authors recognise that the proportionality test is an appropriate instrument for striking a fair balance between consumer protection and the freedom to choose an occupation. It should, however, be specified that the requirements for assessing proportionality must be proportionate to the extent and importance of the respective professional regulation provisions. cep also considers the duty to involve independent scrutiny bodies in the legislative procedure to be unlawful.