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Freedom of Movement and Mutual Recognition of Qualifications - changes in Polish legislation preceding EU - Accession

Lunds universitet/Juridiska institutionen
Publication Date
  • Komparativ Rätt
  • Law And Political Science
  • Economics
  • Education
  • Law


A necessary condition for the creation of a single European Market, was the abolition of all physical restrictions on, inter alia, the freedom of movement of persons and services within the borders of the European Union. Although freedom of movement initially was reserved for persons engaged in some sort of economical activity, such as workers or self-employed persons, it has subsequently been extended to comprise other categories. At present, nearly every person, who is a national of one of the Member States, may benefit from the right of free movement and in consequence freely choose his or her place of residence, employment, studies or business within any of the Member States. The recognition of diplomas and professional qualifications is an important condition when implementing the rights of free movement of persons and the freedom to provide services. The differences in the education systems of the EU countries and the absence of common rules in the area of mutual recognition have proved a substantial impediment to the free movement of persons and services, often giving rise to discriminatory treatment of individuals. In order to guarantee EU citizens the possibility to avail themselves of their basic rights according to the EEC Treaty, in later years there has been intensified coordination of the rules regulating the practice of certain professions and of certification of professional qualifications. As one of the candidate states pending accession to the European Union, Poland is well underway with the harmonization of the country´s legislation so as to reach conformity with the acquis communautaire. To ensure the implementation of the freedom of movement of persons and the right to provide services, and to secure the mutual recognition of professional qualifications, new legislation on general recognition of qualifications has been enacted and numerous legal adjustments have been made in the legislation concerning the exercise of regulated professions.

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