Skip to content Directive 2005/36/EC was adopted on 7 September 2005 by the European Parliament and the Council. It sets out the rules that allow a Member State to recognize professional qualifications that were obtained in another EU country.
The main objective of the directive is to make it easier for workers to practice a regulated profession in a Member State that is different from the one where they earned their qualification. The goal is for them to be able to work under the same conditions that apply to citizens of the host Member State.
Overview of Directive 2005/36/EC
This directive is part of the wider EU framework that governs the free movement of people and services. It aims to simplify the rules for recognizing professional qualifications. At the same time, it works to harmonize procedures between Member States, helping workers move across borders and continue their professions without unnecessary obstacles.
Its main goals include:
- Facilitating workers’ access to regulated professions in other EU Member States;
- Ensuring that training qualifications are mutually recognized across borders;
- Reducing bureaucratic obstacles to professional mobility;
- Strengthening cooperation and communication between national competent authorities responsible for professional regulation.
Scope of application
According to Article 2, the directive applies to EU citizens intending to pursue, as employees or self-employed professionals, a regulated profession in a Member State other than the one where they originally obtained their qualification.
As defined in Article 3, a “regulated profession” is an activity where access to the job, or the right to practice it, is directly or indirectly controlled by national laws. Usually, this means that a person must have certain professional qualifications to work legally in that field.
The directive distinguishes between two ways of practicing a profession in another Member State:
- Temporary and occasional provision of services: as set out in Article 5, this applies when a professional works in another Member State for a short or occasional period. In these cases, formal recognition of the professional’s qualifications is generally not required. However, if the profession directly affects public health or safety, the host Member State may conduct a preliminary check of the professional’s qualifications.
- Stable practice of the profession: this applies when a professional intends to move permanently to another Member State and work there continuously. In these situations, the professional is subject to the recognition procedures outlined in Articles 10 and following.
Recognition of professional qualifications
To support the principle of free provision of services across the EU, the directive introduces two main systems for recognizing professional qualifications.
- Automatic recognition;
- General recognition.
These systems allow professionals to move freely while maintaining high standards of competence and safety.
Automatic recognition system
A central element of the directive is the automatic recognition system. This applies to certain professions for which the EU has already set harmonized minimum training requirements.
These requirements are defined in the directive for each profession and include:
- The minimum duration of studies;
- The level and type of training required, including both theoretical and practical elements;
- Any mandatory periods of internship or hands-on professional experience.
According to Article 21, Member States must automatically recognize qualifications that meet these requirements. This applies to certain professions involving significant responsibilities and having a direct impact on citizens’ health and safety.
Examples of these professions include:
- Doctors;
- Nurses responsible for general care;
- Dentists;
- Veterinarians;
- Pharmacists;
- Midwives;
- Architects.
Thanks to this mechanism, professionals in these fields can practice their work in other EU countries automatically, without going through additional recognition procedures.
General recognition system
For professions that do not fall under the automatic system, the directive provides a general recognition system for professional qualifications.
Article 11 defines “professional qualifications” as those certified by training diplomas, certificates of competence, and/or relevant professional experience. This means that competent authorities must consider:
- Theoretical training, such as courses, degrees, or diplomas;
- Practical training or internship periods;
- Documented professional work experience.
In this system, both academic achievements and documented practical experience are considered.
The competent authority in the host Member State evaluates the applicant’s training and experience and compares it with the requirements set out for that profession in national legislation.
If significant differences exist between the training received and the requirements in the host Member State, the competent authority may impose compensatory measures.
According to Article 14, these measures may include:
- An adaptation period, up to three years, to address any gaps in training;
- An aptitude test to verify the professional skills of the applicant.
Cooperation between national authorities
Article 56 of the directive provides for strong cooperation between competent authorities in the Member States. They must continuously share information regarding professional qualifications and conduct.
This cooperation allows authorities to:
- Verify the authenticity of training qualifications;
- Prevent abuses in recognition procedures;
- Ensure transparency and reliability in recognition decisions.
Exemptions and limitations
The directive provides some exceptions:
- It does not apply to notaries appointed by official government act (Article 2, paragraph 3);
- It does not replace any specific agreements between Member States that establish special rules for certain professions.
Implementation of the directive in Member States
Directive 2005/36/EC has been transposed into national law in each Member State.
In Italy, it was implemented through Legislative Decree No. 206 of 9 November 2007. This law sets out the recognition procedures for professional qualifications obtained in other EU countries. It also identifies the competent authorities responsible for evaluation, which can vary depending on the profession. These authorities include ministries, professional orders, and other public bodies responsible for regulating specific sectors.