Recognition of third-country professional qualifications: an evaluation of the current framework in the European Union. The case of healthcare workers.

Abstract

This thesis discusses the recognition in the European Union of professional healthcare qualifications obtained in Third Countries (TCQs) and specifically focusses on the complex legal position of Third Country Nationals (TCNs) in this regard.

In recent times, labour shortages in the healthcare sector, the tight labour market and the ageing population in EU Member States are cause for concern. Simultaneously, we observe an acute influx of (skilled) migration – due to the war in Ukraine and the increase of migration in general. Prior research shows that a solution for the labour shortages in the healthcare sector in many Member States can largely be found in labour migration. Since this is an EU wide problem, solutions might indeed be found outside of the EU.

Consequently, the effective recognition of TCNs’ healthcare qualifications is important. However, this process is hindered by the current EU policies and practices regarding recognition of TCQs. It is important to analyse and where necessary improve the framework. To the extent that recognition is regulated, it is spread across various instruments on both a national, international and European level. This thesis evaluates the current legal framework for recognition and it considers the Professional Qualifications Directive, European migration legislation and Mutual Recognition Agreements (MRAs). The aim is to assess the suitability of the framework in addressing the challenges posed by migration to and labour shortages in the EU. Finally, some recommendations are discussed, including a broader scope of application of the PQD, cooperation between Member States and the significance of MRAs in the context of trade agreements.