Vasiliki Stylianou Vandorou- new reference to ECJ

Greetings! (more conventional- unfortunately I cannot say ‘hello’ in Greek).

I thought that it would be fun this week to write a note on mutual recognition of professional qualifications (if this is not edge of seat material I don’t know what is!). Given the crisis following our aegean neighbours they still have time to make this very important reference to the ECJ! Bravo!

In Vasiliki (a bit of a mouthful to say the whole lot!) a Greek court made a reference to the court essentially asking what experience could be taken into account when deciding the equivalence of a qualification awarded in the home member state with that required in the host member state.

As we know the mutual recognition of professional qualifications is governed by Directive 2005/36.

Under the directive there are three systems of recognition: general, automatic and specialist. There are five levels of qualifications under the general system:

1) An attestation of competence issued by a competent authority in the home member state on the basis of either a training course or a specific exam without prior training or general primary or secondary education.

2) A certificate attesting to successful completion of a secondary course

3) A diploma certifying successful completion of either training at post secondary level or in the case of a regulated profession, training with a special structure

4) A diploma certifying completion of post secondary education at a university or establishment of higher education for at least three years but not more than four years

5) A diploma certifying completion of post secondary education of at least four years, or of an equivalent duration on a part time basis at a university or establishment of higher education

Now that’s out of the way- Vasiliki essentially deals with the third criterion. The Greek court wanted to know what professional experience could be taken into account with regards to a regulated profession.

Here is the exciting part- drum roll please! If an applicant is not covered by the directive then there is an obligation to compare the qualification with the qualification required in the host member state. If there is an equivalence then the host member state must recognise the qualification. If there is not, then the host state must consider practical knowledge or training- which is precisely what our Greek brethren want to know! what amounts to practical knowledge or training? Does experience- among other things- pursuant to acquiring the diploma count?

This case shows two things.

1) Considering all this polava one should not stray too far beyond the border when one graduates!

2) Mr Papandreou- despite your troubles- Greece is still a wonderful innovator of EU law!

Watch this space for the ECJ’s judgment (bound to be exciting!)

Until next time!

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