The Proportionality Test

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Law no. 245/2020 on carrying out a proportionality test prior to the adoption of new regulations regarding the professions


Law no. 245/2020 transposes Directive (EU) 2018/958 of the European Parliament and of the Council of 28 June 2018 on the conduct of a proportionality test before the adoption of new regulations on professions establishing a common framework for carrying out the proportionality assessment before introducing new provisions or to amend existing legal provisions restricting access to or the exercise of regulated professions, in order to ensure the proper functioning of the internal market, while ensuring a high level of consumer protection. It does not affect the competence of the Member States, in the absence of harmonization, and their margin of discretion in deciding whether and how to regulate a profession, within the principles of non-discrimination and proportionality.

The Directive established a proportionality test to be applied by Member States when regulating a profession or amending the regulatory conditions of a profession and set out in Art. 7 of Law no. 245/2020.

CNRED in its legal capacity of National Coordinator for the Recognition of Professional Qualifications and the public regulatory authorities ensure the application of this normative act on the Romanian territory.

Wednesday, 11 November, 2020