EUR-Charts

An important additional element is provided through Art. 53 TFEU, which recognises the need for certain facilitating secondary legislation [Chart 8/47]. Art. 53 TFEU concerns requirements imposed by the host Member State in the interest of the protection of the general public. For instance, the national law may make the access to certain professions dependent on the possession of a national diploma, in order to make sure that the people exercising such professions have sufficient training (e.g. doctors, lawyers, architects etc. – i.e. the so-called regulated professions). Against that background, the Treaty provides for the adoption of secondary law on the mutual recognition of diplomas (Art. 53(1) TFEU). Originally, a number of directives on different professions were adopted in this context [Chart 8/57]. Subsequently, these were replaced by Directive 2005/36, which is not limited to the freedom of establishment, but is of broader relevance. Similarly, Art. 53(1) TFEU provides a legal basis provision for other rules monitoring the professions (such as those concerning compulsory membership with a professional body which supervises its members) imposed by the State in the interest of the protection of the public (so-called prudential supervision).