Acceso usuarios
Giacinto Della Cananea
This article analyses regulated professions in Europe. It observes that, historically and philosophically, due opposite models have emerged: those of the free competition and monopoly, respectively. Especially in continental countries, most regulated professions do not fall within general rules concerning the delivery of services, but are placed under "ad hoc" rules limiting free competition. However, the article argues, fisrt,that the positive norms of the EU and the case-law of the European Court of Justice have gradually undermined the assumption upon which most national restrictive rules were founded, that is to sy the coincidence between the market and the State. Second, and as a result, EU law has restored the equivalence of diplomas. Finally, and consequently, national legal orders of regulated professions are evoling towards a more competitive framework and, at the same time, one that prevents the abuse of rights.
