| Sul rilievo della “esperienza professionale” nella circolazione dei lavoratori in ambito comunitario |
| Fascicolo 2003-1 |
| Scritto da Fisichella Daniela |
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Sommario 1. Premessa: il sistema generale di riconoscimento dei titoli professionali. – 2. Le direttive CE 1999/42 e 2001/19. La nuova proposta della Commissione relativa al riconoscimento delle qualifiche professionali. – 3. La giurisprudenza della Corte. – 3.1. Il ricorso del Granducato di Lussemburgo c. Parlamento europeo e Consiglio dell’Unione europea, nel caso 168/98. – 3.2. Il ricorso della Commissione CE c. l’Italia, nel caso 145/99. – 3.3. Le sentenze Fernández de Bobadilla, Haim, Erpelding, Hocsman. – 3.4. Il ricorso del Conseil national de l’ordre des architectes c. Nicolas Dreessen, nel caso 31/00. Il ricorso della Commissione Ce c. il Regno di Spagna, nel caso 232/99. – 4. Considerazioni conclusive. AbstractSince adoption of EC Directive 89/48 big steps have marked mutual recognition of diplomas within the European Union. Nowadays EC workers can rely on several European acts – mostly directives – which allow them, in a self-employed or employed capacity, to enjoy either the right of establishment and freedom to provide services with a professional education and training acquired in a Member State. The core issue is that implementation of relevant EC law is now based not only on formal qualifications obtained in each Member State according to its national rules – as in the past – but it’s focused on technical skills owned by the applicant. EC Directives 1999/42 and 2001/19 attributerelevance to the notion of “vocational training”, as applicant’s capacity exercised on the ground of a single profession. So, any host Member State in which a profession is regulated is required to take account not only of applicant’s qualifications acquired in another Member State but also of his vocational experience. That is to say, the host Member State is compelled to examine to what extent the knowledge and qualifications attested by diplomas obtained by the applicant in his country of origin correspond to those required by national rules. This comparison also regards applicant’s experience and training, which is just as important as formal diplomas. Therefore “vocational training” is now a crucial notion within the mechanism of the “general system”, as repeatedly declared by the European Court of Justice, whose case law gave a notable contribution to defining the main issues at stake with regard to mutual recognition of diplomas within EU. |