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Freedom of establishment


Professional recognition application:

The professional shall envoy a written application to the Italian competent authority (Ministero dell'Istruzione, Università e Ricerca - MIUR - Piazzale Kennedy, 20 Roma - tel. +32 6 97727450 ) including the following items:
- proof of the nationality of the person concerned;
- copies of the attestations of professional competence or of the evidence of formal qualifications giving access to the profession in question, and an attestation of the professional experience of the person concerned, where applicable;
- proof that the professional is of good character or repute or that he has not been declared bankrupt, or suspended or prohibited the pursuit of that profession, in the event of serious professional misconduct or a criminal offence. The documents, not older than three months, are issued by competent authorities in the home Member State and shall be envoyed to MIUR within two months. Where the competent authorities of the home Member State do not issue the above mentioned documents,  those documents shall be replaced by a declaration on oath or, in States where there is no provision for declaration on oath, by a solemn declaration (made by the person concerned, before a competent judicial or administrative authority) or, where appropriate, a notary or qualified professional body of the home Member State.
- certificate from the competent authorities of his home Member State stating that this evidence of formal qualifications is that covered by Directive 2005/36/EC;

Recognition procedure:

- Submission of application to MIUR
- Within a maximum of one month of receipt of the declaration and of accompanying documents, the competent authority (MIUR), after assessing their regularity, shall notify the professional about it; otherwise MIUR, after assessing their irregularity, will ask the person concerned to add the documents that state he satisfied the condition of training required. Where there is a difficulty in finding the additional documents MIUR shall contact directly the "Contact Points" or the home Member State competent authority.
- Within three months of receipt of complete documentation MIUR shall issue a ministerial decree concerning this professional recognition, published in the Official Journal of Italian Republic. In this case the professional shall register himself in the local "Ordine degli Architetti, Pianificatori, Paesaggisti e Conservatori", competent in the territory chosen to pursue the profession.
- In case of evidence of formal qualifications which do not confer on the holder the same right of access to or pursuit of a profession or prepare for the pursuit of that profession, MIUR, within four months of receipt of the complete documentation shall issue a ministerial decree (published in the Official Journal of Italian Republic) that contains all the additional measures that are suitable for compensating the substantial differences which have been identified between the training requirements existing in the various Member States for a given profession. In the above mentioned decree is also mentioned the competent body which is in charge of applying the compensation measures.

Compensation measures:

The Legislative Decree no. 206 of 9th November 2007 offers the applicant the choice between an adaptation period and an aptitude test if:
- the duration of the training of which he provides evidence is at least one year shorter than that required in Italy.
- the training he has received covers substantially different matters than those covered by the evidence of formal qualifications required in Italy.
- the regulated profession in Italy comprises one or more regulated professional activities which do not exist in the corresponding professional applicant's home Member State, and that difference consists in specific training which is required in Italy and which covers substantially different matters from those covered by the applicant's attestation of competence or evidence of formal qualifications.

The detailed rules governing the adaption period (such as duration, further training) and the adaption test (written and oral examinations matters) shall be laid down by MIUR.
In case of failing performance evaluation, the applicant can repeat the adaption period but shall wait six months before repeating the test.

The Legislative Decree no. 206 of 9th November 2007 requires the applicant the aptitude test if his evidence of formal qualifications is not one from those on the list of the "recognition on the basis of coordination of minimum training conditions", and if the applicant is a migrant professional with a three years' long professional experience in a Member State.

The applicant is in charge of all the additional costs regarding the compensation measures.
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