Self-regulation of the professions in Belgium

Abstract

In the context of the 1992 program, the European Economic Community aims at a free flow of professional services. Many barriers to this freedom have already been overcome. The right of establishment is protected by the directfy effective prohibition of discrimination and furthered by directives for the mutual recognition of diplomas and qua&fications.’ As far as the freedom to provide services is concerned, significant progress has been realized by the acceptance in case law of the principie that restrictions must be justified on grounds of “public interest .“? Free access to the host member state does not, however, provide for real freedom as long as professional ethics continue to restrict competition. In the EEC member states professional ethics are issued by self-regulating public professional bodies. This self-regulation restricts entry into the profession and limits competition through strict rules regarding professional conduct. Impediments to real market integration resulting from these restrictions are further worsened by differences between the professional ethics that apply in the separate member states. Various important judgements of the European Court of Justice have made it clear that the freedom of establishment and the freedom to provide services also