Today, the European Commission has decided to refer Czechia to the Court of Justice of the European Union for its failure to properly transpose the Proportionality Test Directive (Directive (EU) 2018/958) into national legislation.
This directive governs the proportionality assessment of new or amended rules that restrict access to or pursuit of regulated professions. Member States are required to ensure that any national regulation of professions pursues legitimate public interest objectives and is necessary and balanced.
The Commission found that Czech law did not ensure that all relevant measures, especially those from professional bodies and parliamentary amendments, underwent prior proportionality assessments as required by the Directive. However, following dialogue between Czech authorities and the Commission, Czechia adopted a national measure to ensure that draft parliamentary amendments covered by the directive are subject to a proportionality test in Czechia, leading the Commission to limit the scope of the referral to Court.
The Commission sent a letter of formal notice to Czechia in December 2021, followed by an additional one in February 2023 and a reasoned opinion in October 2023. The Commission initially referred Czechia to the Court back in April 2024 and has now decided to limit the scope of the referral.
This action aims to ensure the proper implementation of the directive, thereby preventing disproportionate barriers in the Single Market, in line with the objectives outlined in the Commissions Communication on The Single Market at 30.
Background
The directive on a proportionality test before adopting new regulation of professions (Directive (EU) 2018/958) is one of four initiatives proposed as part of the 2017 Services Package. It was adopted on June 28, 2018, and should have been implemented by Member States by July 30, 2020.
According to the directive, Member States must carry out a proportionality assessment before adopting new regulation of professions. The directive provides a list of criteria that Member States are obliged to consider for this assessment. Additionally, the directive contributes to the transparency of the rule-making process by requiring these assessments to be made publicly available and by obliging Member States to appropriately inform and involve all relevant stakeholders. Furthermore, Member States must continue monitoring the proportionality of these new or amended provisions after their adoption and consider any relevant developments such as technological innovation.
Directive (EU) 2018/958 applies to all legislative, regulatory, or administrative provisions restricting access to a regulated profession or its pursuit, or one of its modes of pursuit. However, Czechia has failed to ensure that all provisions (particularly measures of professional associations) are covered by the national transposing measures.
More Information
Infringement decisions database and infringements map and graphs
July 2025 infringement package
Infringement procedure Czechia (INFR(2021)2201)