Profesinių kvalifikacijų pripažinimo direktyvų nuostatų perkėlimo į nacionalinę teisę problematika

Abstract

The present master paper investigates the challenges which are met while trying to implement the provisions of the directives on professional qualifications into national law. Despite the fact that the directives regulating the recognition of professional qualifications have already been implemented into the national law of the Republic of Lithuania after the new European Parliament and Council directive 2005/36/EC codifying all the existed directives on the recognition of professional qualifications, has been adopted, the competent authorities face new challenges trying to implement the provisions of new directives. Due to this fact, several stages of the implementation of the directives of European Union are distinguished.: the obligations Lithuania had to fulfil before the accession to EU and after the new Directive 2005/36/EC was adopted. The main objective of this paper is to analyse problematical issues regarding the transposition of directives on recognition of regulated professional qualifications into national law. The attempt was made to disclose the main features of the systems regarding recognition of regulated professional qualifications. A great deal of attention is alloted to the analysis of the process of recognition, the presumptions and the development of General system of recognition and Sectoral directives. The main legal documents on professional qualifications as well as provisions of the new law are widely discussed. Currently more and more emphasis is being placed on this question as Lithuania is obliged to implement the Directive 2005/36/EC into the national law until the 20th of September, 2007. The Republic of Lithuania has to adopt the law on recognition of professional qualifications and other legal documents which will change the existed ones. The first chapter discloses the presumptions, the development and the analysis of the process of recognition of General system of recognition and Sectoral directives. The second chapter is devoted to the analysis of the challenges which are met while trying to implement the provisions of different systems of recognition directives on professional qualifications into the national law. The third chapter analyses new European Parliament and Council directive 2005/36/EC on the recognition of professional qualification. Also provisions on the under prepared law of the Republic of Lithuania are discussed. In order to write this paper comprehensively and to make investigation in the subject the following methods were used: analysis, systemic analysis, document analysis, comparative, comparative-historical method as well as interview.