Activities of Csaba SÓGOR related to 2016/0404(COD)
Plenary speeches (1)
Proportionality test before adoption of new regulation of professions (debate)
Amendments (10)
Amendment 23 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) This Directive establishes rules for proportionality test to be carried out before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access or pursuit of regulated professions.It has to be underlined, that this Directive leaves the prerogative to regulate access to or pursuit of regulated professions within Member States in respect of principles of non- discrimination and proportionality.
Amendment 31 #
Proposal for a directive
Recital 9
Recital 9
(9) The burden of proof of justification and proportionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by specific well justified evidence substantiating its arguments.
Amendment 67 #
Proposal for a directive
Recital 18
Recital 18
(18) The economic impact of the measure, including a cost-benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the right to work and on the free movement of persons and services within Member States and the Union should be duly taken into account by the competent authorities. Based on this analysis, Member States should ascertain, in particular, whether the extent of the restriction of access to or pursuit of regulated professions within the Union is proportionate to the importance of the objectives pursued and the expected gains.
Amendment 84 #
Proposal for a directive
Recital 22
Recital 22
(22) To facilitate the exchange of best practices, each Member State should encouragesure that the relevant competent authorities to share adequate and regularly updated information with other Member States on the regulation of professions. The Commission should take relevant initiatives in order to encourage smooth exchange of information between Member States.
Amendment 133 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The reasons for considering that a provision is justified, necessary, non- discriminatory and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence.
Amendment 155 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, road safety, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, threats to social policy objectives and cultural policy objectives.
Amendment 180 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, patients to professionals or third parties;
Amendment 282 #
Proposal for a directive
Article 6 – paragraph 4 – point j a (new)
Article 6 – paragraph 4 – point j a (new)
(j a) proportionality of administrative requirements.
Amendment 291 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, service recipients, those in relevant training or education, representative associations and relevant stakeholders other than the members of the profession before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views.
Amendment 299 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of the efficient application of this Directive, before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member States shall encourage thsure exchange of information with competent authorities of other Member States on matters covered by this Directive, such as the particular way they regulate a profession or the effects of regulation identified in similar sectors of activities, on a regular basis, or, where appropriate, on an ad hoc basis.