EESC Corner: The Liberal Professions – An Important Part of the European Economy and Society

The EESC adopted the own initiative opinion on Liberal Professions at its 496th Plenary Session on 26th February 2014. The system of liberal professions has a significant contribution to make in the future to providing high-quality “social goods” such as healthcare, delivering public services, safeguarding civil rights and increasing economic prosperity.

There are two approaches to the regulation of liberal professions: “rules-based regulation” and “principles-based regulation „and both are capable to achieve optimal regulation for the liberal professions. The liberal professions play a significant role in the economic life. The figures on the EU are as follows: 600 000 undertakings in each of “management consultancy” and “engineering activities”; 550 000 undertakings in “legal consultancy” and “auditing”; 315 000 in “architectural activities”; and 270 000 in “marketing and market research”.

The entrepreneurial aspect of the liberal professions must be acknowledged and supported. The EESC is pleased that the Commission recognizes members of the liberal professions as fully-fledged entrepreneurs and seeks to support the sector by including them in programmes to boost SME development and competitiveness. This approach entails examining and improving the conditions of the entire liberal professions system, as in fact required by the directive on services in the internal market. In all Member States, professional organisations or associations represent the interests of their profession and play an advisory – or sometimes formative– role in State regulation. They play also the main role in shaping and monitoring of self- regulation regarding the knowledge, ethics and character of service providers. They should engage in drafting European codes of ethics highlighting and guaranteeing the rigorous requirements incumbent on the liberal professions throughout Europe as reflected in Article 37 of the Services Directive. A common EU-wide definition of “liberal profession” should be developed, which simply sets out the general features of liberal professions and lists the categories of occupations covered. Any such definition must not prevent the creation of new liberal professions.

Professional regulations must be compatible with Europe’s fundamental freedoms, in particular with freedom to provide services, freedom of establishment and freedom of movement. They must therefore be non-discriminatory, proportionate, and serve an imperative requirement in the general interest, and also be compatible with national law. The EESC concludes its opinion that there still will be a need for independent advice and support in 2020. Therefore, the liberal professions are likely to remain viable as an institution, provided they are modernised in a timely manner, such that their essential nature, comparative edge in terms of knowledge, independence/transparency, and resulting trustworthiness, are not compromised.

Ivan Voleš
Member of EESC
Group I – Employers