Commission Report 2002 (Slovakia)

Subsections

• Progress since the last Regular Report
• Overall assessment
• Conclusion

---

Chapter 2: Free movement of persons

Progress since the last Regular Report

Further progress has been achieved since last year in this area.

In the area of mutual recognition of professional qualifications, some progress was achieved. The Act on Mutual Recognition of Professional Qualifications, adopted by the Parliament in June 2002, aims to establish a general framework for the recognition of foreign professional qualifications in Slovakia and to align with the general systems directives. Under this Act, the Centre for Equivalence for Diplomas has been established as an organisational unit of the Ministry of Education. In February 2002, the Parliament adopted the Act on Higher Education, which makes a clear distinction between academic and professional recognition of qualifications. In April 2002, the Parliament adopted laws in the area of health care, accelerating legislative alignment with sectoral directives.

Good progress can be reported on citizens' rights. With the new Act on Stay of Aliens, effective from April 2002, Slovakia has aligned its legislation with the acquis provisions on residence rights. There have also been developments in the area of voting rights. The Amendment to the Act on Elections to Municipal self-Government Bodies, which came into force as of March 2002, authorises foreigners with permanent residence in Slovakia to elect and to stand as a candidate for municipal self-government bodies.

There have been developments in the area of free movement of workers. The safeguarding of the supplementary pension rights of employed and self-employed persons moving within the Community has been regulated by the latest amendment to the Act on Supplementary Pension Insurance, adopted by the Parliament in May 2002.

Preparatory works has continued to facilitate Slovakia's participation in the European Employment Services network (EURES).

Slovakia has continued to strengthen bilateral relations with a view to the future co-ordination of social security matters and development of institutional capacity has accelerated. The adoption by the Parliament of the Act on Social Insurance in May 2002 and the Act on Health Insurance in August 2002 have been the first steps in the social security reform in Slovakia.

Bilateral agreements covering health insurance and pension benefits were signed in December 2001 with Austria and in May 2002 with Spain. A similar bilateral agreement with the Netherlands entered into force in May 2002.

Overall assessment

In the area of mutual recognition of professional qualifications, Slovakia needs further legislative work to achieve alignment and to provide for the establishment of the necessary administrative bodies. With respect to professional qualifications obtained before harmonisation, Slovakia needs to introduce measures to ensure that all its professionals, particularly in the health care sector, can, as of accession, meet the requirements laid down by the directives. Shortcomings identified in the curricula and training of dentists and midwives need to be addressed urgently. A major effort is needed in the short term to improve considerably training for the latter. In particular, a fully aligned general framework for the recognition of foreign professional qualifications has to be established. Alignment with the general systems directives and certain sectoral directives on health care workers and architects is still to be achieved. It is important that an amendment to the Act on Advocacy removes current restrictions on the right to practise for EU lawyers and does not create new ones. The Centre for Equivalence for Diplomas has still to be designated as the contact point and national co-ordinator for the general system directive.

By accession, it has to be ensured that all Slovak legislation is aligned with Community rules, in particular with respect to nationality, residence and language requirements. Legislation needs to be monitored to ensure that it includes simpler procedures to allow for the provision of services.

With the adoption of legislation on residence rights, Slovak legislation is now largely aligned with the acquis on citizens' rights. The work for finalisation of the legislation on voting rights, in particular relating to the European Parliament elections, should continue.

Preparations should also continue to align with the provisions on free movement of workers.

Further progress is necessary to strengthen Public Employment Services with a view to future participation in the EURES network.

With a view to the future co-ordination of social security systems, further work to develop the necessary administrative structures, in particular through the training and recruitment of additional staff, is needed. Institutional capacity needs to be strengthened further so as to enable Slovakia to apply the acquis on co-ordination of social security. Agreements such as those signed with Austria, the Netherlands and Spain on social security will facilitate Slovakia's compliance with the regulations as of accession, as they normally rely on the same principles as the social security co-ordination regulations, and this will familiarise the administration with the relevant procedures.

Conclusion

In its 1997 Opinion, the Commission concluded that part of the acquis on mutual recognition of diplomas was already taken over and that training, for those professions where a minimum co-ordination is foreseen in the directives, was rather broadly in line with the acquis, although a number of adaptations were still necessary. It added that the necessary structures to facilitate the free movement of persons seemed to be in place, but that it was difficult to fully assess their real effectiveness. Finally, the Commission indicated that adaptation of regulations and implementation/enforcement structures relating to free movement of persons was needed if Slovakia was to fully adopt the acquis in this area and added that the achievement of these adaptations was feasible in the medium term.

Since the Opinion, Slovakia has made progress in aligning with the acquis in this area, and has further strengthened the relevant institutions, including with regard to the future co-ordination of social security systems. The process of bringing Slovakia's legislation and structures in relation to the free movement of persons into line with the acquis has developed satisfactorily, and although further efforts are required, legislative and other work has generally been carried out in a timely manner. In overall terms a high level of alignment with the acquis has been achieved and administrative capacity is developing satisfactorily.

Negotiations on this chapter have been provisionally closed. Slovakia has not requested any transitional arrangements in this area. Slovakia has agreed to a transitional arrangement in respect of the free movement of workers put forward by the EU. Restrictions on the movement of workers from Slovakia to the EU will apply for a minimum two-year period as of the date of accession and may remain in force for a maximum of seven years. Slovakia is generally meeting the commitments it has made in the accession negotiations in this field.

In order to complete preparations for membership, Slovakia's efforts now need to focus on the adoption of outstanding legislation with regard to mutual recognition and on further strengthening institutional capacity in all areas. The training needs identified with respect to midwives' and dentists' training should be addressed.

© European Commission; last modified 2003-05-22