Article 53 TFEU [Mutual Recognition of Diplomas]
published in H.J. Blanke and S. Mangiameli (eds) Treaty on the Functioning of the European Union - A Commentary. Springer Commentaries on International and European Law. Springer, 2021, pages 1121-1129
9 Pages Posted: 29 Oct 2021
Date Written: September 15, 2021
Article 53 TFEU constitutes the legal basis for the harmonization of mutual recognition of diplomas of qualification and of the coordination of national provisions for the exercise of activities as self-employed persons. Article 53 TFEU states clearly that its objective is to facilitate the exercise of freedom of establishment of self-employed persons (“In order to make it easier for persons…”). More specifically, this article aims at attaining freedom of establishment of natural persons through the adoption of directives with regard to mutual recognition of diplomas and the coordination of the relevant national legislation. In the absence of this article, the free movement of persons would be incomplete. Positive harmonization is essential in this part of the internal market, where negative harmonization cannot provide comprehensive and coordinated solutions. The importance of harmonization and, as a matter of fact, of this legal basis, was stressed by the ECJ in Hocsman: “The function of directives which lay down common rules and criteria for mutual recognition of diplomas is thus to introduce a system in which Member States are obliged to accept the equivalence of certain diplomas and cannot require the persons concerned to comply with requirements other than those laid down by the relevant directives.”. National rules on the recognition of diplomas and other qualification requirements might constitute indistinctly applicable rules infringing freedom of establishment. Harmonization seeks to combat these obstacles and to facilitate the exercise of the freedom of establishment by self-employed persons. Article 53 TFEU constitutes the legal basis for the adoption of directives which aim at the harmonization of national qualification requirements, or the evaluation of the equality and compatibility of national qualification requirements, or the mutual recognition of diplomas. Hence, harmonized rules for the recognition of professional qualifications seek to facilitate persons interested in taking up and pursuing activities as self-employed persons in other MS.
Keywords: Harmonisation (sectoral\general), Self-employed persons, Mutual Recognition of Diplomas, Certificates and Qualifications, Professional Qualifications Directive (Directive 2005/36/EC), Services Directive (Directive 2006/123/EC), Practice of the profession of lawyer
JEL Classification: K31, K22, K23, K37, K36
Suggested Citation: Suggested Citation