Poland learning to recognize foreign professionals

Poland has continued to make progress in the past year in its pledge to accept the acquis communautaiure - adoption of all relevant legislation - regarding the recognition of professional qualifications, a compulsory requirement for European Union (EU) accession. In its most recent report on the country's progress, the European Commission (EC) noted that Poland had amended several laws to meet EU criteria. These amendments, to be enforced upon accession, are a step in the right direction. But outstanding issues remain, in particular concerning lawyers, dentists and pharmacists. At present, the recognition of foreign professional qualifications is regulated by bilateral agreements, such as those entered into with Austria and Germany, and multilateral international ones, such as the UNESCO agreement, which mainly provides assessment criteria for evaluating qualifications. In January 1999, the Bureau of Diploma Recognition and International Exchange (Biuro Uznawalności Wykształcenia i Wymiany Miźdzynarodowej) was established in Warsaw to oversee the issue. But the full mobility of professionals in the EU is still problematic, even for member countries. To blame are the differences in the relevant education and training required for every profession. For example, an Austrian psychiatric nurse cannot be recognized in member states that have only general-care nurses. Consequently, member states are frequently brought before the European Court of Justice for infringing on the recognition of professional qualifications. This happened to Greece, when it failed to apply the rules of the relevant directive; Austria, in the area of paramedical professions; and France, regarding special education teaching. Problem solving The EC recently introduced two council directives for all professions to help combat these problems. The directives apply to all professions, minus those specifically regulated by other directives, such as architecture, medicine and law. A particular directive, for example, was adopted for law to satisfy the needs of consumers who seek legal advice in cross-border transactions involving international, community or domestic law. The directive enables lawyers to practice permanently under their original professional title and without restriction in member states. It also makes it easier to acquire the professional title recognized by the host-member states, taking into account the professional experience gained within its territory. Under this scenario, a Belgian avocat could establish and practice in Germany as an avocat and after three years obtain the German title of rechtsanwalt. On top of making progress in the area of recognizing qualifications from fellow member states, Poland adopted the Act of April 26, 2001. This act guarantees citizens of member states who acquired professional qualifications in their own countries the right to work within their professions in Poland, according to the same rules applicable to Polish citizens. If qualifications or professions differ from the corresponding ones in Poland, approval may be conditional on taking adaptation training or an aptitude test. Depending on the level of education required for the profession in Poland, further training, if necessary, can last anything from two to three years. But it is generally left to the person applying to decide whether to take additional training or an aptitude test, though certain exceptions do exist. For instance, that choice is removed in cases where the regulated profession requires knowledge of Polish law. In these cases, the relevant authority decides which condition has to be fulfilled. Secondly, the choice may also be removed if Poland specifically requests an exemption, as France did regarding professional ski instructors and mountain guides. The justification in this case for introducing mandatory aptitude tests was the unique risks involved in approving what could be underqualified individuals. Medical and paramedical professions Last September, Poland passed amendments pertaining to the recognition of medical or paramedical professionals working here. The result is that doctors and dentists from member states have to pass the same EU-style aptitude tests or undergo additional training. Also required are proof of qualifications, health, ethical attitude and confirmation that the applicant was never deprived of the right to conduct their profession. Also passed last year were amendments to the laws on nursing and midwifery and veterinary surgeons. These will see the adoption of similar requirements, although formalities will generally be simpler. Nurses, midwives, and vets from member states will only have to submit documents confirming their right to work - in their professions in the EU - to the relevant professional board, and a statement that they will comply with Polish law. The requirement that people working in regulated professions in Poland must know the Polish language will also be maintained generally. However, requiring a formal language test could be, in some circumstances, contrary to European law. The European Court has ruled, for example, that the principle of non-discrimination precludes any requirement that linguistic knowledge must have been acquired within the national territory. All these amendments are due to come into force on the date of Poland's accession to the EU. As yet, however, Poland has still not, adopted a law or amendment regulating the performance of lawyers qualified in another member state. This issue and others still have to be addressed before accession. Michele Fajtmann, a member of the Brussels and New York bars, and Magdalena Połujkis, a legal adviser are responsible for European law practice at White & Case W. Daniłowicz, W. Jurewicz I Wspólnicy - Kancelaria Prawna sp.k