Getting your qualifications recognised in another European Union country

The Member States of the European Union have recognised that the free movement of persons around the European Union will only be a reality if overseas qualifications are recognised.

The EU initially pursued a policy of ‘harmonising' qualifications i.e. seeking agreement from Member States on the minimum standard of training and education required to qualify in a particular sector. This led to directives being agreed in numerous branches of the healthcare professions — GPs, vets, nurses etc. — along with architects and lawyers' services. These directives lay down the minimum standard of training and education needed, along with lists of qualifications satisfying this requirement.

The Member States came to realise that drawing up agreed directives on the whole range of trades, professions and self-employed activities was a next to impossible task. They moved away from the ‘harmonising' approach, and aimed to agree on blanket directives recognising qualifications obtained in other Member States. This new approach culminated in the implementation of Directive 89/48 and Directive 92/51.

Directive 89/48
This established a general system for the recognition of higher-education diplomas awarded on completion of professional training and education of at least three years' duration. The Directive only applies if the profession in question is regulated by the host Member State i.e. access to the profession is restricted to those holding a particular qualification.

If the competent authority in the host Member State is satisfied that the EU citizen has pursued the equivalent of a three year course in another Member State, and has completed the necessary professional training to qualify, access cannot be refused solely on the basis of inadequate qualifications.

If the applicant's training and experience is at least one year less than is required in the host Member State, the competent authority can ask for additional evidence of professional experience.

If the competent authority is satisfied that the content of the applicant's qualifications and experience differ substantially from those required in the host Member State, it can offer the applicant the choice of completing an adaptation period or taking an aptitude test.

Directive 92/51
This Directive uses the same approach of the one above, but it is directed at diplomas and certificates awarded after courses of at least one year's duration, pursued after a post-secondary course, and which entitle a holder to access to a regulated profession in the country where the diploma is obtained.

Qualifications obtained by EU nationals outside the EU
Many EU nationals hold qualifications obtained outside the EU. This is especially true of dual nationals e.g. a Spanish/Argentinian citizen who holds Argentinian qualifications. Directives 89/48 and 92/51 do not apply to these kinds of qualifications. However, the European Court of Justice held in Hocsman that Member States are required to recognise foreign [i.e. non-EU] diplomas where they are broadly equivalent to those required under national law. The Directives on mutual recognition do not limit the legal ambit of free movement.

Determination of equivalence is a matter for the competent national authority. If a Member State chooses to recognise a non-EU qualification, it must take into account practical training and experience obtained by the applicant in other Member States (Tawil-Albertini). However, where one Member State chooses to recognise a non-EU diploma it does not appear to bind other Member States (Haim).

Non-EU Nationals
Apart from EEA nationals, non-EU nationals cannot rely on these provisions, even where they have obtained their qualifications in the EU. Recognition of their qualifications remains a matter of domestic law and practice.

• Relevant legal provisions
• Article 43 (ex-Article 52)
• Directive 89/48
• Directive 92/51
• Directive 78/686 — dentists
• Directive 77/249 — lawyers' services
• Directive 93/16 — doctors

Moving around the European Union

Providing services in the European Union

Buying Goods and Trading in the European Union

Living in another European Union country

Getting your qualifications recognised in another European Union country

Rights of non-EU nationals

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