Ministry of Science: It will be easier with regard to the recognition of professional qualifications in the EU

The draft law aims to introduce the European Parliament and of the Council Directive of November 2013 on the recognition of professional qualifications into Polish law. Member States are required to implement it by 18 January 2016.

The draft law prepared by the Ministry of Science and Higher Education will replace the existing law applicable since 2008. It sets out the principles for the recognition of professional qualifications for regulated professions acquired outside Poland - in the Member States of the EU, including doctors, nurses, dentists, pharmacists and architects.

The draft law also defines the rules for applying for a European Professional Card, for the recognition of professional practice completed in another EU Member State and a third country, as well as the principles of providing cross-border services.

As pointed out by the Ministry of Science in support of the draft law, the primary goal of the new regulations is to simplify, where possible, the administrative procedures for the recognition of professional qualifications. The draft law - the authors state - introduces new solutions to facilitate the recognition of qualifications in the professions to which education harmonization in the European Union does not apply, and improves the availability of information about the procedures and increases the level of support for citizens.

Moreover, the proposed regulations are intended to facilitate the professional mobility of persons who have not yet attained full professional qualifications; now they are not covered by the EU regulations on recognition of qualifications.

One of the main solutions contained in the Directive, the implementation of which in the Polish law is the aim of the Ministry draft, is the introduction of a European Professional Card in the form of an electronic certificate. To obtain such a certificate, the employee leaving abroad would present diplomas, certificates, etc. in an office in his home country, and the office would forward the necessary information electronically to the destination country.

European Professional Card will be an alternative to the traditional form of the qualifications recognition procedure. Now, to obtain the recognition of professional qualifications, employees need to apply to the competent authority of the host country.

Possibility to apply for a European Professional Card in employee’s own country will eliminate language barriers - noted the Ministry in the draft law justification.

The card is also a substitute declaration for those wishing to provide cross-border services. In this case, it should be issued by the State in which the service provider provides its services permanently. Such card will be valid for 18 months, unless the holder loses the right to a profession or business in home country.

Only in the case of cross-border provision of services in occupations related to health and public safety, European Professional Card will be issued by the host country.

The Directive also introduces a warning mechanism that will prevent persons who have been convicted or against whom disciplinary proceedings are pending from working outside their country. In the future, all EU countries will notify each other of the cancellation of the right to practice, for example in order to prevent a doctor from unauthorized practice in another country.

The Directive has also introduced the possibility to create new instruments for, subject to the approval of the respective states, a more automatic recognition of professional qualifications (including medical specializations), which are covered by the harmonization of education.

PAP - Science and Scholarship in Poland

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