acquired rights

Why does this provision exist?

Directive 2005/36/EC only harmonises minimum requirements from certain reference dates. Those who studied before those dates, or were trained in a state that no longer exists in its former form, would otherwise fall through the net. Article 23(1) solves this: the training certificate is recognised if a confirmation certifies that the holder has actually and lawfully practised the profession for at least three years continuously in the preceding five years. The certificate is issued by the competent authority of the country of origin.

Which reference dates apply?

Article 23 contains its own paragraphs for historical cases: paragraph 2 for former GDR qualifications before 3 October 1990, for specialist physicians before 3 April 1992; paragraph 3 for former Czechoslovak certificates before 1 January 1993; paragraph 4 for Estonia, Latvia, and Lithuania from the time of the former Soviet Union; and paragraph 5 for Slovenia and Croatia from the former Yugoslavia, in Croatia with the reference date of 8 October 1991. Paragraph 6 helps when the title designation differs from the list in Annex V; in that case a certificate of equivalence suffices.

What does this mean for graduates from EU countries?

For today's graduates from Bulgaria, Romania, Hungary, Croatia, Malta, or the Baltic states, Article 23 is of little relevance: their qualifications postdate the reference dates of 1 January 2007 and 1 July 2013 respectively and are processed through automatic recognition. The provision becomes important for older colleagues — for example with titles from the former Yugoslavia that were later confirmed in Croatia or Slovenia. Switzerland also applies corresponding rules through the Agreement on the Free Movement of Persons; the MEBEKO is responsible.

The practical hurdle

Everything depends on the certificate from the country of origin. Those who cannot obtain it because registers are incomplete or employers no longer exist are left without evidence. Procurement, translation, and legalisation often take months, and the three-year period must be documented without gaps. In short: the paperwork is the real challenge. Whether a submitted certificate is sufficient is decided by the competent authority of the host state.