Issuu

OECD Workshop on Regulatory barriers to competition in professional services: measurement and reform experience Session 4 – “Removing regulatory barriers in self-regulated professions and economic recovery”, 19 Nov 2021 Sónia Moura Legal Officer | Bureau of Economic Studies and Market Monitoring smoura@concorrencia.pt

01 “AdC’s Action Plan for Legislative and Regulatory Reform”. Steps taken to promote the implementation. Results from the AdC/OECD Cooperation Project Competition policy as a catalyzer of economic recovery. The 02 Government “Recovery and Resilience Plan (PRR)”. The AdC’s contribution: advocacy paper 03 Recent legislative proposals under discussion in the Portuguese Parliament. Proposals aiming at amending the framework-laws applicable to all public professional associations and professional societies (Law No. 2/2013 & Law No. 53/2015) 2 | Autoridade da Concorrência © 2021

13 Self-regulated professions

“AdC’s Action Plan for Legislative and Regulatory Reform”

Results from the AdC/OECD Cooperation Project

+ Horizontal legislation 9 Strategic key proposals Steps taken to promote the implementation

Financial and economic

Economists; certified accountants; statutory auditors; customs brokers

Health

Nutritionists; pharmacists

Legal

Lawyers; notaries; solicitors; bailiffs

Technical and scientific

Architects; engineers; technical engineers

2019

Initiatives promoting contacts with relevant stakeholders: 8 Government Ministries; 7 political parties represented in the Parliament; 12 public professional associations

2020

Hearing between the AdC and the Parliamentary Group of PS

2020

AdC’s Recommendation on the competitive impact of the accreditation process of higher education study cycles with direct and indirect impact on the access to selfregulated liberal professions (see here)

AdC’s Action Plan (2018)

Available: https://www.concorrencia.pt/pt/projeto-adc-impact-2020

Competition policy as a catalyzer for economic recovery The Government “Recovery and Resilience Plan (PRR)” The AdC’s contribution: advocacy paper

 Portuguese Government PRR – Resilience Reforms (April-July/2021)  Foresees a reform to reduce unnecessary regulatory restrictions to access and exercise of self-regulated professions: C6, RE-r16: “Reducing restrictions in highly regulated professions” Available: https://recuperarportugal.gov.pt/c6-qualificacoes-e-competencias/

 AdC’s contribution: “The Role of Competition in Implementing the Economic Recovery Strategy” (June/2021)  Roadmap with recommendations and principles to be considered by Government and other policymakers  Three core areas – opportunity for change:  Removing unnecessary barriers in the law, for firms to enter the market and expand their business – implementing AdC’s Action Plan (Professions)  Enhancing competitiveness and efficiency in public procurement; and

 Applying competitive neutrality in public financial support to firms. Available EN: https://www.concorrencia.pt/sites/default/files/2021-AdC-contribution-on- economic-recovery.pdf

Recent legislative proposals under discussion in the Portuguese Parliament Proposals aiming at amending the framework-laws applicable to all public professional associations and professional societies (Law No. 2/2013 & Law No. 53/2015) 5 | Autoridade da Concorrência © 2021

Public Consultation undergoing at the Portuguese Parliament of 4 legislative proposals https://www.parlamento.pt/ActividadeParlamentar/Paginas/DetalheIniciativa.aspx?BID=121163  Discussion in the generality (2021.10.15): approved the legislative proposal of the Parliamentary Group of PS (1st proposal and the broadest in scope)  Discussion in the specialty: follows specific debate at the specialized Commission of Labor and Social Security  Public consultation: 2021.10.25 - 2021.11.24 Parliamentary Group PS (Socialist Project of Law No. 974/XIV/3ª – amendment of Law No. Party) 2/2013 and Law No. 53/2015 (broadest in scope) 1 Deputy of the Parliament (not inscribed in a Party)

Project of Law No. 983/XIV/3ª - amendment of Law No. 2/2013 (characteristics of traineeships: duration; object; remunerated)

Parliamentary Group IL (Liberal Initiative Party)

Project of Law No. 988/XIV/3ª - amendment of Law No. 2/2013 (multidisciplinary practice; no possibility of By-laws to establish restrictions regarding: access to the profession; rules of professional societies)

Parliamentary Group PAN (People, Animals, Nature Party)

Project of Law No. 989/XIV/2.ª - amendment of Law No. 2/2013 and several By-laws of professional associations (characteristics of traineeships: duration; remunerated)

03 Recent legislative proposals under discussion in the Portuguese Parliament (2021)

Project of Law No. 974/XIV/3.ª: main proposals  All professions - Separation of the regulatory and representative function for all self-regulated professional associations  

Attribution to an internal independent supervisory body, of regulatory powers, in matters of access and exercise of the profession (e.g., internship rules; recognition of professional qualifications and competences obtained abroad; opinion on proposals for reserved activities) Includes representatives of the profession and other high-profile individuals

 All professions - Reanalysis of all reserved/tasks granted to the specific categories of professionals  

Aim to abolish/change when not adequate, necessary, and proportional Foreseen the issuance of a report, by the AdC, to be submitted to the Government

 All professions - Reassess the proportionality of characteristics of traineeships required to join a professional association: duration, purpose, evaluation model & charges 

E.g., 12 months maximum duration; non-duplication (professional/academic); non-duplication of subject-matters evaluated; no peer review; proportionality of charges; AND remunerated

 All professions – Elimination of restrictions related to ownership, partnership and management of all professional firms 

E.g., non-professionals may hold the totality or majority of the share capital and voting rights; management may include only nonprofessionals members, if decided by the firms

 All professions – Reduce restrictions to the offer of multidisciplinary activities by professional firms 

Expressly refers to the Services Directive (Article 25, “Multidisciplinary activities”); subjects the By-laws to a proportionality test regarding impediments and incompatibilities; subjects all to the applicable deontological and secrecy duties

 All professions - Eliminates the possibility of being established certain restrictions in the By-laws: e.g., quotas on access to the profession (e.g., specialties; geographical restrictions); price fixing; absolute prohibition of advertising 6 | Autoridade da Concorrência © 2021

03 Recent legislative proposals under discussion in the Portuguese Parliament (2021)

The Project of Law No. 974/XIV/3.ª aims to confer attributions to the AdC, namely: Creation of new professional associations: issuance of an opinion to the Parliament  It is foreseen that for the purposes of the procedure of evaluation, by the Parliament, of the constitution of new public professional associations, the AdC issues an opinion  Opportunity to perform an exante competition impact assessment of the By-laws and contribute with recommendations to eliminate legal barriers to entry/exercise of the profession 7 | Autoridade da Concorrência © 2021

“Transitory clause” - Reevaluation of competition impact assessment of reserved activities: issuance of a report to the Government

“Review clause” - Evaluation on its application and effectiveness: issuance of a report to the Parliament

 It is foreseen the issuing of a report, to be submitted to the Government, on the reassessment of the various self-regulating liberal professions Bylaws, laws, regulations, etc., with recommendations on reserved activities: adequacy; necessity; proportionality

 It is foreseen the issuing of a report, to be submitted to the Parliament, on the application and effectiveness of the Law to be approved referred to in the Draft Bill

 High complexity of the analysis

 Opportunity to contribute with recommendations to eliminate legal barriers to entry/exercise of the profession

 Within 60 days after the entry into force of the Law to be approved referred to in the Draft Bill

 Within three years after the entry into force of the Law to be approved referred to in the Draft Bill

03 Recent legislative proposals under discussion in the Portuguese Parliament (2021)

Key messages:  Significant steps forward taken. Reform foreseen in PRR. Initiatives by different parliamentary groups under public discussion  Legislative proposals under discussion aim to amend frameworks applicable to self-regulated professions  Specific amendments to the By-laws (and other laws, decree-laws, etc.) of each public professional association or professional societies will subsequently need to be adapted

concorrencia.pt

Siga a AdC no Linkedin