Recognition of professional qualifications under the European Directive 2005/36/EC

The Engineering profession falls within the field of application of the general system for the recognition of qualifications through the General Directive 1989/48/CE, later modified by the Directive 2001/19/EC and the present Drective 2005/36/EC.

The so-called “mobility” Directives were issued by the Council and the Parliament to remove the obstacles possibly generated by national legislations to two fundamental rights stated in the Treaty instituting the European Union. These rights are the freedom of establishment and the free provision of services in the whole territory of the Union for all the citizens legally pursuing their professions in at least one of the Member States.

In principle, the provision of services (meant as temporary and not permanent, because, under this circumstance, it falls within the freedom of establishment) presupposes a more simplified authorization regime, generally the notification of the provision of services at issue to the competent authority and not the real recognition of the qualifications and was in force only in the previous sectorial directives (medical doctors, pharmacists, architects, etc.)and was not specifically regulated by the Directive 89/48/EC. This means that even to provide services in Italy, engineers coming from another State of the Union, shall comply with the provisions regulating the right of establishment (what means to previously get the recognition of their professional qualifications).

This gap is now filled by the new Directive 2005/36/EC of the Parliament and the Council on the recognition of the professional qualifications which consolidated in one only text all the mobility directives (both sectorial and general). Title II of this Directive provides for the conditions regulating the provision of services relevant to all intellectual professions.

The recognition Mechanism

If citizens of the Union hold the professional qualifications enabling them to pursue the engineering profession in a Member State of the Union (country of origin), they have the right to pursue such profession in another Member State (host country) where the profession is regulated, that is to say where it is mandatory to hold a given professional title to pursue the profession.

For this purpose, they shall apply for the recognition of their titles by the competent authority under the Directive 2005/36/EC. The minimum requirement to benefit from the directive for "Engineers" in Italy, is to hold a formation at levels d) or e) of Article 11, par 1 together with:
- The legal qualification to pursue the profession whether the profession is regulated in the Member State of origin,
or
- The certification of a competent authority that the formation is regulated in compliance with the Directive 2001/19/EC or, in alternative, the documentary evidence to hold a two years’ professional experience in the last ten years, whether the profession in not regulated in the country of origin.

Please notice that citizens holding the mentioned requirements, cannot have their recognitions refused because of lack of qualifications even when, to have access to the profession, the host Member State requires heavier formation and professional requirements (as concerns laurea titles and/or training and practical experience or compulsory enrolment in an order) than those required in the Member State of origin. Under these circumstances, the “path differences” may be bridged with adaptation measures. The host Member State may, in fact, require applicants to have trainings or to sit for aptitude tests (at their choice) whether there are substantial differences in their formation as a whole.
If, instead, the competent authority recognizes that applicants do not hold the titles to benefit from the recognition, it may refuse the application. This decision shall be justified and impugnable according to the procedures in force in the host country. The non-decision within four months is to be considered an implicit refusal.
Useful link: Guide for citizens (on the site of the European Commission)

Competent Authority in Italy

To obtain the recognition of titles awarded in the European Union for the purposes of pursuing the profession in Italy, the Legislative Decree n. 206, November 9, 2007, implementing the Directive 2005/36/EC, provides for the proceeding to follow.

The competent authority is the Ministero della Giustizia (Ministry of Justice), which accepts also the applications of professional titles awarded in the Swiss Confederation, EFTA countries and in non–European countries.

Each application is singularly examined in a monthly services conference and carefully evaluated on the basis of any element of the dossier applicants deem as to be useful to enclose to give value to their professional competences. The entity of the possible applicable adaptation measures are, in fact, not mechanically determined on the difference of the minimum paths, but also on all the elements (continuous formation, professional experience, etc.), which enable to better know the professional preparation. It is also very useful to produce, when possible, study curricula because of their non-harmonization and the different number and relevant contents of the exams, varying from country to country remarkably. Often, a simple list of exams does not enable to enough understand the preparation of applicants

Within at latest four months from the receipt of the application – unless necessary interruptions to acquire further documentation – the Ministry issues a Ministerial Decree either directly recognizing the professional titles, what enables the enrolment in the Albo, or providing for the application and the successful completion of adaptation measures before enrolling in the Albo.

The Ministry activated on its site www.giustizia.it a specific section where it is possible to find regulations, general information, names and contacts, facsimile of the application forms, the list of the documents to produce and useful suggestions to start the procedure.

We, therefore, invite foreign citizens willing to enrol in the Ordine degli Ingegneri who did not study or sit for the State Exam in Italy, to connect the page
http://www.giustizia.it/giustizia/it/mg_2_4_1.wp" and read it carefully.

Translating the more useful information about the application note that it shall be written in Italian. A copy of an identity document of the applicant shall be enclosed if the application is forwarded by mail, by fax, it is, anyway, not submitted personally. Specify a possible address and telephone number in Italy.

The following documents shall be enclosed to the application:

1. Academic titles (education diplomas); evidence of formal qualifications (academic titles and official duration of the diploma course, list of exams); copy of the programs of the courses are useful together with their simple translation.
2. Certification of the competent authority in the country where the qualification was awarded, according to article 9.1 of the Directive 89/48/EEC. It shall specify if the profession is regulated in the Country of origin, which are the subjects or authorities competent on the profession, which professional activities may be pursued in that country after the professional formation of the applicant and, finally, if the applicant holds the specific requirements to pursue the profession by virtue of legislative, regulatory or administrative provisions in the Country of origin. A declaration of value by the Italian diplomatic or consular Authority in the Country of origin where the qualification was awarded could also be submitted for this purpose.
3. Under the circumstances of regulated education and training, the attestation of the competent authority according to article 2-bis of D. Lgs. 27 January 1992, n. 115.
• If the profession is regulated in the Country of origin (i.e. if the access and the pursuit of the profession is subject to specific professional qualifications by virtue of legislative, regulatory and administrative provisions), a certificate issued by the competent authority stating that the applicant is qualified to pursue the profession in the Country of origin, with the relevant certificate of enrolment in the professional order if such enrolment is mandatory for the access and/or the exercise of the profession
• If, instead, the profession is not regulated in the Country of origin (i.e. if the access or the pursuit of the profession does not require any particular qualification in that country), the applicant shall demonstrate, with proper certification issued by the bodies where such experience was carried out, to have successfully completed the regulated education and training or have at least two years of professional experience during the last ten. Under the circumstances of free professionals, the activity shall be demonstrated through proper fiscal certification.
4. Two stamps of €14,62.

FORMALITIES RELEVANT TO THE DOCUMENTATION

The recognition of the academic and professional titles may be submitted in original or in true copy, with a legal translation, except the cases of waives provided for by international agreements or understandings. The translation in Italian of the documents shall be certified as true by the Italian diplomatic or consular authority in the Country where the documents were awarded, or translated by a sworn translator by the Italian Judicial authority. The copies of the documents shall be authenticated by a competent Italian authority, or by the competent Italian diplomatic or consular Representation abroad (the authenticity of the copies may be object of a substitute declaration of the attested affidavit according to article 47 D.P.R. 28.12.2000 n. 445). Alternatively, according to articles 46 and 48 of the D.P.R. 28.12.2000 n. 445, and related data at points a), b), and d1), their authenticity may result by a substitute declaration of certification rendered by the applicant according to the attached fac simile. The Italian competent authority may, under this circumstance, proceed to a random verification, in compliance with article 71 of the above mentioned D.P.R. The professional experience shall be, exclusively, documented with original documents or true copies. For any clarification, please contact the competent authority at the telephone number 06 688 52 314 or send a fax at the number 06 688 97 350.

Italian Engineers willing to work in the European Union

If Italian Engineers want to obtain the recognition of their titles in another Member State regulating the profession, they shall apply for the recognition in that State under the Directive. It is opportune that they, previously, obtain the evidence that they are qualified engineers in Italy from the Ministero della Giustizia (Ministry of Justice). This will prevent the competent authority in the host country to refuse the recognition because of lack of requirements. They will, therefore, have the direct recognition or the recognition subject to adaptation measures, which shall be adequately justified. Whether applicants think that they are out of proportion or undeserved, they may apply for the re-exam and, if not admitted, recur to the administrative justice of that State.

To get information in the host country, professionals may address the national coordinators for the directive whose names and contacts can be found on the site of the Ministero delle Politiche comunitarie