Commission Report (2002): Czech Republic

• 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 made since the previous Regular Report although a number of legislative steps and elements of administrative preparation remain outstanding.

In the area of mutual recognition of professional qualifications, there have been few significant developments. An amendment to the Act on Advocacy was adopted in June 2002 to ensure that from accession conditions for EU advocates will be the same as those for Czech citizens. A list of all regulated professions has been largely completed -- this is necessary for recognition under the general system.

In the area of citizens' rights, the Act on Municipal Elections was adopted in December 2001, providing for EU citizens' rights on matters such as voting and standing as candidates in municipal elections. An amendment to the Act on Residence of Aliens, which aims to complete alignment with the acquis regarding the treatment of both EU and non-EU nationals, was adopted in May 2002 and will enter into force on the date of accession.

As regards the free movement of workers, an April 2002 amendment to the Employment Act should ensure transposition of the relevant acquis concerning the employment of EU citizens. Certain provisions, including the equality of EU workers, will enter into force on accession. The amendment also provides a legal basis for the operation of the European Employment Services EURES in the Czech Republic, practical preparations for which are ongoing at the Employment Services Administration. An amendment to the Nuclear Act was made in December 2001 allowing EU citizens equal access to employment opportunities in that sector. As regards the public sector, compliance with the acquis on the employment of EU citizens in the public sector is to be achieved via the Employment Act in combination with the 2002 Civil Service Act. Many provisions of the latter enter into force in January 2004.

With respect to the co-ordination of social security systems, the Czech Republic has continued to implement bilateral social security agreements. Also, progress continues in terms of training and strengthening administrative structures and capacity.

Overall assessment

Further legislative progress must be made in the area of mutual recognition of qualifications with the adoption of several measures transposing the sectoral directives, notably the envisaged Act on the Ability for Health Care Provision and Further Education of Health Care Professions and amendments to the Act on Performance of the Profession of Certified Architects and Certified Engineers and Technicians engaged in Construction. Although in the case of veterinarians, compliance with the acquis is high, amendments to the Veterinary Act and the Veterinary Surgeons Act are needed. In the area of the health care professions, training and curricula will also need to be adjusted if Czech-qualified professionals are to enjoy the full benefits of mutual recognition. Specific legislation is needed to enable midwives to work autonomously. The Czech Republic still needs to make considerable efforts to ensure that all its professionals, particularly in the health care sector, will as of accession meet the requirements laid down by the acquis. A major effort is needed in the short term to improve considerably training for nurses and midwives. With respect to professional qualifications obtained before harmonisation, the Czech Republic should introduce measures to ensure that all its professionals can, as of accession, meet the requirements of the acquis.

The legal framework for both diplomas and professional qualifications still does not match EC requirements and further efforts are needed. A legal framework for the general system should be established and the increasing awareness of the distinction between academic and professional qualifications should be developed and accelerated.

A range of ministries and professional chambers are responsible for professional recognition, co-ordinated by the Ministry of Education, Youth and Sports. An inter-ministerial working group develops the Czech approach on key issues. The Ministry still has to create, on the basis of the existing list of regulated professions, a list of bodies designated to certify the professional qualifications of nationals and to decide on applications from other Member States` citizens for mutual recognition in cases of regulated professions or regulated professional activities. The Czech Republic has not yet established a national centre in charge of handling procedures for the mutual recognition of professional qualifications, despite having set several deadlines for doing so. When established, the centre is to act as a national co-ordinator under the Ministry of Education and is to be composed of the existing National Academic Recognition Information Centre, the National Institute for Technical and Vocational Education and contact persons within relevant ministries, with a national co-ordinator located in the Ministry of Education.

Following legislative progress on residency rights and municipal elections, the Czech Republic is now largely aligned with the acquis on citizens` rights. Preparation of legislation relating to elections to the European Parliament should continue.

Framework legislation is in place in the area of the free movement of workers. Access to employment for EU nationals will be restricted only in the armed forces (including the police) and certain positions in the civil service (as per the Civil Service Act). These restrictions should not be contrary to the Community acquis, which requires a case by case analysis of whether the decisions to be taken by a person in a particular position require the exercise of public authority. By accession, it has to be ensured that all of the Czech Republic`s 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 distinguishes between academic and professional recognition and includes simpler procedures to allow for the provision of services. In addition, EU workers legally resident in the Czech Republic must have access to the same ``social advantages` as Czech nationals. In the field of supplementary social security of migrants, alignment with the acquis concerning employees` supplementary pension insurance should be completed before accession.

With a view to the future co-ordination of social security systems, further work to develop the necessary administrative structures is necessary so as to enable the Czech Republic to apply the acquis. This concerns in particular the Ministry of Labour and Social Affairs and the Ministry of Health and the Czech Social Security Administration and Labour Offices. The implementation of several bilateral agreements on social security will facilitate the Czech republic`s compliance with EC regulations as of accession.

Training and legislative preparations by the Czech authorities for participation in EURES are well under way. An interconnected system between the Ministry of Labour and Social Affairs, the Labour Offices and the EURES system needs to be put in place by the date of accession.

Conclusion

In its 1997 Opinion, the Commission concluded that the necessary structures in this area seemed to be in place but that it was not always easy to assess their real effect and enforcement. The Commission added that the Czech Republic was aware of the outstanding issues that needed to be resolved with regard to the movement of persons, and that, from a technical point of view, adaptation of regulations would be necessary in the medium term.

Since the Opinion, the Czech Republic has made good progress, particularly in the areas of citizens' rights and free movement of workers. Overall, a good level of alignment has been reached, although there remain gaps as regards the mutual recognition of professional qualifications in the health sector, and administrative capacity is satisfactory.

Negotiations on this chapter have been provisionally closed. The Czech Republic has not requested any transitional arrangements and 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 the Czech Republic 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. The Czech Republic is meeting the majority of the commitments it has made in the accession negotiations in this field. However, delays have occurred in completing alignment as regards mutual recognition of qualifications, in particular in the health sector, and with regard to the establishment of the appropriate administrative bodies in this field. These issues need to be urgently addressed.

In order to complete preparations for membership, the Czech Republic`s efforts now need to focus on the area of mutual recognition of professional qualifications, in particular the urgent adoption of outstanding legislation on the health sector. Work should also continue on the administrative preparations for the co-ordination of social security systems.

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