Today, the European Commission decided to refer Spain to the Court of Justice of the European Union (CJEU) for failing to align its rules with the Directive on the recognition of professional qualifications ( Directive 2005/36/EC ), which ensures that fully qualified professionals can have their qualifications recognised in another EU country, and with Articles 45 and 49 of the Treaty on the Functioning of the European Union ( TFEU ).
Spain's national rules do not fully align with the Directive and the TFEU's requirements, particularly on the recognition of sworn translators and interpreters who are fully qualified in another Member State and want to establish themselves permanently in Spain or provide temporary services across borders.
Although the Commission addressed to Spain a letter of formal notice and a reasoned opinion , Spain has not introduced the necessary changes to align its rules with the Directive and the TFEU. Therefore, the Commission is referring Spain to the CJEU.
Background
The Directive on the recognition of professional qualifications (2005/36/EC) enables the mutual recognition of professional qualifications across EU Member States. It facilitates the free movement of professionals by allowing those fully qualified in one Member State to practise the same regulated profession in another Member State without having to repeatedly complete training or requalify.
The Directive achieves this by establishing two distinct recognition systems. The first is an automatic recognition process, which applies to professions where minimum training standards have been harmonised across the EU, such as those for doctors, nurses, and architects. This system does not apply to interpreters and sworn translators. The second is a general system of recognition, covering other regulated professions, including interpreters and sworn translators.
