EU Directive – Mutual Recognition of Qualifications in Architecture

The European Union directive on the mutual recognition of qualifications in Architecture aims to harmonise on the basis of minimum criteria certain types of training for those practising professionally in the field of architecture and to provide for the mutual recognition of their diplomas, certificates and other evidence of formal qualifications.

ACT

Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services.

This directive of June 1985 is repealed and replaced by Directive 2005/36/EC as of 20 October 2007.

SUMMARY

The Directive applies to activities in the field of architecture, i.e. those activities usually pursued under the professional title of architect (as an employed or self-employed person).

Education and training leading to diplomas, certificates and other evidence of formal qualifications must be provided through courses of studies at university level concerned principally with architecture (for the duration of training, see Article 4).

Each Member State must communicate, simultaneously to the other Member States and to the Commission, the list of diplomas, certificates and other evidence of formal qualifications which are awarded within its territory. These lists are published by the Commission in the Official Journal of the European Communities. If a Member State or the Commission has doubts as to whether a diploma, certificate or other evidence of formal qualifications meets the training criteria, the Commission will bring the matter before the Advisory Committee on Education and Training in the Field of Architecture.

Each Member State recognises the diplomas, certificates and other evidence of formal qualifications (for list, see Article 11), awarded by other Member States to nationals of the Member States, where such nationals already possessed these qualifications at the time of notification of the Directive or their studies leading to such diplomas, certificates and other evidence of formal qualifications commenced during the third academic year at the latest following such notification (system of acquired rights).

The academic title is used in the language of the Member State of origin or the Member State from which the person comes.

A host Member State which requires of its nationals proof of good character or good repute when they take up for the first time an activity in the field of architecture must accept as sufficient evidence, in respect of nationals of other Member States, a certificate issued by a competent authority in the Member State of origin or in the Member State from which the foreign national comes. An extract from the “judicial record” may be required by the host Member State where the Member State of origin or the Member State from which the foreign national comes does not require proof of good character or good repute of persons wishing to take up the activity in question for the first time.

Where a Member State requires of its own nationals wishing to take up or pursue an activity in the field of architecture:

• either an authorisation from or membership of or registration with a professional organisation or body, that Member State will, in the case of provision of services, exempt nationals of other Member States from that requirement; the person concerned will provide services with the same rights and obligations as nationals of the host Member State; he will be subject to the rules of conduct of a professional or administrative nature which apply in that Member State;
• proof that they are covered by insurance against the financial consequences of their professional liability, that State will accept certificates issued by the insurance undertakings of other Member States as being equivalent to certificates issued in its own territory.

Directive 2001/19/EC ensures legal certainty with regard to the recognition of diplomas obtained by Community nationals in non-EU member countries; the envisaged system gives each Member State the right to recognise or reject these diplomas except when a first host Member State has already recognised the applicant’s professional experience. In this case a second host Member State may not directly reject the application for recognition but must justify its rejection.

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