Abstract
The case of the English ski instructor Simon Butler working in France is the best example of the malfunctioning of the professional-qualifi cationsrecognition system in Europe. The practice of European and national administration as well as the jurisprudence of the CJEU and French courts shows how important and complex the subject of qualifi cation recognition is. A review of administrative practices and an analysis of case law show the positive and negative sides of the EU’s qualifi cation recognition system. The European Commission is carrying out numerous activities aimed at improving said system. The latest solutions make the idea of qualifi cation without borders a reality. The most important task is to examine the changes and legislative proposals of the European Union, analyse the case of Simon Butler and present proposals for changes against the background of activities undertaken throughout the Union. They should be realised through legal research methods and non-reactive social methods.
Highlights
It is an ordinary winter morning in December 2013, in the French Rhône-Alpes region
It was emphasised that only the French Minister of Sport defines what kind of certificates must be held by people providing regulated professions; at that time, Eurotest certification was required for ski instructors
Butler and his lawyers highlighted that he himself was a highly qualified person; he had a top-rated British certificate issued by the British Association of Snowsport Instructors (BASI) association (ISTD, level 4)
Summary
It is an ordinary winter morning in December 2013, in the French Rhône-Alpes region. Young people practise skiing under the supervision of a few ski instructors. Administrative and criminal penalties were imposed on him, on the grounds of running a company without appropriate permits, and provision of ski instructor services without appropriate French professional qualifications. Butler appealed against the administrative decision of the Haute-Savoie department prefect to the Minister of Sport, but this appeal was dismissed In both cases, the instructor was accused of violating Article 212–184 of the Sports Code: performing the regulated profession of instructor without professional qualifications.. It was emphasised that only the French Minister of Sport defines what kind of certificates must be held by people providing regulated professions; at that time, Eurotest certification was required for ski instructors.12 Butler and his lawyers highlighted that he himself was a highly qualified person; he had a top-rated British certificate issued by the BASI association (ISTD, level 4). Commission Delegated Regulation (EU) 2019/907 of 14 March 2019 - establishing a Common Training Test for ski instructors under Article 49b of Directive 2005/ 36/ EC of the European Parliament and of the Council on the recognition of the professional qualifications (L 145/7); EU law regarding ski instructors in France P-005974/2019, http://www.europarl.europa.eu/sides/getDoc.do?type=WQ&reference=P-2019005974&format=XML&language=EN (access 26.10.2019); Mapping of professional qualifications and relevant training for the profession of ski instructor in the EU-28, EEA and Switzerland
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