Free movement of professionals in the European Union : a case of permanent establishment of medics and lawyers

Abstract

In this thesis, the author revisits the legislative structure that allows medics and lawyers to exercise their professions in a Member State other than that in which their professional qualification has been obtained. Since its inception, one of the main goals of the European Union is the removal of barriers that hinder the free movement of its citizens. This is one aspect that enables the proper-functioning of the internal market. In the context of this thesis, European Union (EU) citizens are given the right to freely move within its territory in order to exercise their professional activity in any Member States they choose. This thesis discusses the treaty principles on which permanent establishment is grounded. It continues by analysing the case law of the Court of Justice of the European Union whereby the principles grounding professional free movement were first established. It subsequently examines the legislation of the European Union that facilitates the freedom of movement of medics and lawyers, namely the directive on the mutual recognition of professional qualifications and the directive on lawyers’ freedom of establishment. In its conclusion, this thesis will discuss the challenges that moving professionals often face when moving from their Member State of origin to a host Member State.