Tourist guiding and the freedom of movement with special reference to Malta

Abstract

"I was not proud when the tale of the Polish plumber was bandied about in my country. It would be better in any case to speak of the Luxembourg plumber, who has to grapple with four different legal systems if he wants to work in a 40 kilometre radius". With these words Commissioner Michel Barnier epitomises the whole concept behind the freedom of movement within the European Union (EU). Freedom of Movement is one of the pillars of the EU. It is a milestone in European history. However, its implementation has provoked much controversy. The different approach taken by national governments makes free movement of professional services in the EU very difficult to attain. Treaty Articles on their own were proven insufficient for the proper and efficient functioning of the Internal Market. The European Court of Justice (ECJ) has played a fundamental role in interpreting the principle of free movement. Modem legislation such as the 2005 Mutual Recognition of Qualifications Directive and the 2006 Services Directive create the framework intended to facilitate the free movement of professionals and services. These directives have changed the regulatory environment for those who wish to provide services in countries other than the one in which they are established. The purpose of this dissertation is a modest attempt to take a snapshot of the work of tourist guides and the impact of the 'freedom of movement' directives on the profession. The field being addressed by this dissertation is a new research topic that has hitherto never been explored.