CPME Survey on doctors' regulation |
1. Background and objective
Background
The regulation of the medical profession is an essential characteristic of and precondition for the services doctors deliver. The active role of doctors in the governance of the profession is a feature of all national approaches, with the degree of self-regulation varying according to national context. This professional autonomy is seen as guarantor of high quality services, with doctors accept their responsibility to act in the patient’s, i.e. public’s interest. Despite the long-standing nature of these regulatory frameworks, they are recently challenged at national and EU level.
The past years have seen an increasing number of EU activities which address the regulation of professions, as regards its rationale, modalities and effects. Examples of this include the mutual evaluation and transparency exercise of the regulation of professions introduced by the amendment to the Professional Qualifications Directive. This has led to national action plans in which Member States are required to justify the regulation of professions as well as propose potential or plans for reforms. Finally a proposal for a Directive establishing a proportionality test for professional regulation was published on 10 January 2017, setting out criteria against which future or changes to existing professional regulation must be assessed to be lawful.
The process also links in to recommendations on regulated professions in the European Semester which, from the point of view of macro-economic stability and growth, commits Member States to review and reform rules relating to access to and practice of professions. Many activities are guided by the assumption that de-regulation will foster economic growth.
There is no EU competence to adopt legislation which prescribes a certain system of professional regulation, however there is the opportunity to promote ‘good practices’ and comment on regulation’s effect on the single market. Member States are consequently able to draw on EU level discussions and recommendations to implement reforms at national level.
CPME has repeatedly highlighted the importance of effective professional regulation as well as key principles for its functioning[1], however the arguments raised would be greatly strengthened by the support of specific examples and data.
The past years have seen an increasing number of EU activities which address the regulation of professions, as regards its rationale, modalities and effects. Examples of this include the mutual evaluation and transparency exercise of the regulation of professions introduced by the amendment to the Professional Qualifications Directive. This has led to national action plans in which Member States are required to justify the regulation of professions as well as propose potential or plans for reforms. Finally a proposal for a Directive establishing a proportionality test for professional regulation was published on 10 January 2017, setting out criteria against which future or changes to existing professional regulation must be assessed to be lawful.
The process also links in to recommendations on regulated professions in the European Semester which, from the point of view of macro-economic stability and growth, commits Member States to review and reform rules relating to access to and practice of professions. Many activities are guided by the assumption that de-regulation will foster economic growth.
There is no EU competence to adopt legislation which prescribes a certain system of professional regulation, however there is the opportunity to promote ‘good practices’ and comment on regulation’s effect on the single market. Member States are consequently able to draw on EU level discussions and recommendations to implement reforms at national level.
CPME has repeatedly highlighted the importance of effective professional regulation as well as key principles for its functioning[1], however the arguments raised would be greatly strengthened by the support of specific examples and data.
Objective
This survey seeks to map the structures, tasks and effects of professional regulation of doctors across Europe. The objective is to consolidate a detailed evidence-base for CPME’s position on professional regulation to strengthen the argument against de-regulation driven by economic motives.
In line with CPME policy this exercise does not aim to recommend one regulatory system over another, but will rather focus on principles which are transferable to different systems and respect socio-cultural traditions of professional regulation.
This survey seeks to map the structures, tasks and effects of professional regulation of doctors across Europe. The objective is to consolidate a detailed evidence-base for CPME’s position on professional regulation to strengthen the argument against de-regulation driven by economic motives.
In line with CPME policy this exercise does not aim to recommend one regulatory system over another, but will rather focus on principles which are transferable to different systems and respect socio-cultural traditions of professional regulation.
[1] Examples include the ‘CPME Consultation response on the regulation of professions: Member States' National Action Plans and proportionality in regulation’, adopted in 2016; ‘Charter for Liberal Professions’, adopted in 2013