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Spain

Graduado social (Spain)


  • Proportionality information

    1. Have you examined whether the requirements under your national legal system are
    directly or indirectly discriminatory on the basis of nationality or residence?
       Access to profession/ professional bodies is open to Nationals and Non-nationals alike, provided they have the proper qualification Recognition of UE/EEC titles under Directive 2005/36/EC:

    2. Which of the following overriding reasons relating to the general interest justifies the measure(s)?
         
    • Protection of consumers and recipients of services
    •    
    • Safeguarding the sound administration of justice

    3. What specific risks or benefits have you identified that your measure(s) is designed to, respectively, minimise or maximise?

       Please try to be specific in describing the nature of the risks/benefits you have identified
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       Protection of consumers and recipients of services: The field of activities (either reserved or shared with other professionals) of Graduados Sociales make it necessary that a certain degree of knowledge of Spanish National Law is proven. Safeguarding the sound adminsitration of justice: The field of activities (either reserved or shared with other professionals) of Graduados Sociales make it necessary that a certain degree of knowledge of Spanish National Law is proven.

    4. How specifically do your measures operate to minimise the risk(s) or maximise the benefit(s) identified in question 3?

       When addressing this question please try to explain how the measures prevent the risks or guarantee the benefits.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       Protection of consumers and recipients of services: legal protection of consumers and recipients (citizens, in this case) in the field of Social security and Labour Law make it necessary that a certain degree of knowledge of Spanish National Law and a corporate body frame of professional practice are granted. Safeguarding the sound administration of justice: legal protection of consumers and recipients (citizens, in this case) in the field of Social security and Labour Law make it necessary that a certain degree of knowledge of Spanish National Law and a corporate body frame of professional practice are granted.

    5. In so far as you are able, please provide information that you have gathered regarding the concrete effects of the measure(s).

       For example, through impact assessments or information gathered during implementation or review of a measure. Member States who have recently undergone reforms may in particular be able to contribute helpfully to this field. Where you are able to provide cost-benefit analyses this would be particularly valuable.
       Information on whether the measures indeed successfully prevented risks from being realised (e.g. the number of sanctions imposed, a drop in transgressions since the measure was introduced or consequences from previous modifications of the regulation) would equally be helpful.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. You may also wish to include evidence on consumer satisfaction or other measurements of the impact.

        No information

    6. Is the general interest objective you indicated in question 2 pursued in a consistent and systematic manner?.

       In approaching your response to this question please consider examples where you have addressed similar risks for comparable professions, not necessarily within the same sector. Is the approach you have adopted in this particular profession comparable or distinct from such similar cases and why?

       The profession is regulated in a manner consistent with other Spanish regulated Professions such as Abogados or Procuradores (Lawyer / Barrister / Solicitor)

    7. Please explain in how far the degree of complexity or the nature of the activities
    which are reserved justify that these activities can be exclusively performed by professionals possessing a specific professional qualification?

       For example: when the tasks are essentially of a straightforward nature (such as preparing and printing pay slips etc.), or involve essentially the execution of instructions, specific professional aptitudes should not be required.

       The practice of the profession implies a high degree of specialisation and an exhaustive knowledge of Spanish National Law on Social Security and Labour.

    8. Where you have indicated several measures in place in the screening tab,
    have you reviewed the cumulative effect of all these measures on professional activities?

       If not, why not?
       If yes, please outline for us how you approached assessing this issue as well as the results and conclusions or any learning you drew from this. Where possible please include evidence.

       No information

    9. Have you considered the use of alternative mechanisms to achieve your objective(s)?

       Please briefly explain. Where you have selected more than one option, please be sure to address each of these in your response.

       No information

    10. Conclusion

       Following your internal examination of this regulated profession, which of the following have you concluded?

    •    Improve current system (simplify guidance, remove burdensome aspects etc.)

       Explain where relevant:

       Improvement of current system under way through legal reform in Parliament (Anteproyecto de Ley de Colegios y Servicios Profesionales)

    11. Any other comments?
       No further comments
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