In a statement, the community executive recalls that in January 2019 it opened an infringement procedure for alleged violation of EU legislation on the free movement of workers, freedom of establishment and freedom to provide services, as well as the directive (community law) on recognition of professional qualifications, having sent a reasoned opinion to Lisbon in February 2020, “followed by a permanent dialogue with the Portuguese authorities”.

“However, to date, the Portuguese authorities have not responded to the questions raised, which is why the Commission decided to bring an action against Portugal before the Court of Justice of the European Union”, announces the Brussels executive.

Making work easier

The Commission underlines that “the above-mentioned EU rules have contributed to the creation of a modern system of recognition of professional qualifications and experience across the EU” and “they make it easier for professionals to provide their services in different Member States, while guaranteeing a highest level of protection for consumers and citizens”.

“According to EU legislation […] civil engineers whose diploma sanctions the beginning of their training, at the latest, in the 1987/1988 academic years are entitled to continue carrying out architectural projects in Portugal”, with these diplomas being listed in an annex to the directive on the recognition of professional qualifications, the Commission points out, underlining that “it was agreed that these diplomas met sufficient standards to confer acquired rights and, therefore, the other Member States of the EU and the European Economic Area, like Switzerland, should automatically recognize their qualifications”.

According to the Commission, “Portuguese legislation provides that these acquired rights are dependent on the fulfilment of restrictive conditions that go beyond EU rules”, so that “several engineers who do not fulfil these new conditions provided for in Portuguese legislation will see their freedom of movement rights restricted”.