Regulated and unregulated professions

Before beginning any recognition procedure, the essential question to address is the legal classification of the qualification held. Establishing whether the profession is regulated, both in Italy and in the country of origin, determines whether the application is viable, which authority is competent and which channel to pursue. It is a step often underestimated, yet decisive.

What a regulated profession is

Under Directive 2005/36/EC, transposed in Italy by Legislative Decree 206 of 2007, a regulated profession is one whose access or practice is subject to holding specific professional qualifications, by virtue of legislative, regulatory or administrative provisions. In Italy many activities with a strong healthcare, legal, educational or technical-scientific content are regulated, such as doctor, pharmacist, lawyer, engineer, psychologist, architect, teacher, nurse, physiotherapist, surveyor, labour consultant, biologist and social worker.

How a regulated qualification is recognised

Recognition requires a formal application to the competent authority, which may be a Ministry, a professional order or a delegated body, followed by a technical and documentary assessment. The procedure may conclude with a recognition decree or with a compensation measure, an aptitude test or an adaptation period, where substantial differences in training emerge.

Unregulated professions

Unregulated professions are those whose practice is not bound by rules requiring a licence, enrolment on a register or formal requirements. In these cases there is no public procedure of legal recognition: the activity is practised freely and access to work depends on the assessment of the employer or client. It remains useful, where needed, to obtain a CIMEA comparability statement or the Declaration of Value from the consulate, or technical advice clarifying the substantial equivalence of the competences.

The mismatch between legal systems

It happens that the same activity is regulated in Italy but not in the country where the qualification was obtained. The psychologist, in Italy accessible only after qualification and enrolment on the register, may in some States practise without formal requirements. The commercial agent and representative, in Italy subject to registration with the Chamber of Commerce and to character and professional requirements, is unregulated in countries such as France and Germany. Where this disparity exists, recognition may prove inadmissible, or may require a thorough examination of the actual content of the activity.

Why classification is the first step

The comparison between the two legal systems is a complex operation, to be entrusted to those who know administrative and comparative law, so as to avoid errors that would compromise the entire procedure. Only a correct preliminary analysis avoids rejections and wasted time and makes it possible to begin a case consistent with the rules and with one’s professional objectives.

Legal references: Directive 2005/36/EC, Legislative Decree 206 of 2007.