Today, the European Commission has decided to refer Bulgaria (INFR(2021)2206) and Cyprus (INFR(2022)2055) to the Court of Justice of the European Union for failing to ensure the correct transposition of the Proportionality Test Directive ( Directive (EU) 2018/958 ) into national legislation.
The Proportionality Test Directive obliges Member States to assess thoroughly, before their adoption, the proportionality of any new national regulations of professions. It also seeks to prevent unnecessarily restrictive regulation of professions from coming into effect. Member States were obliged to transpose the directive into national law by 30 July 2020.
According to the Commission, Bulgaria failed to ensure that parliamentary amendments undergo a prior proportionality assessment. In addition, Bulgaria has not implemented a mechanism to ensure independence and objectivity of proportionality assessments prepared by professional organisations, e.g., through reviews of such proportionality assessments by supervisory or independent bodies.
Similarly, Cyprus failed to ensure that all measures covered by the directive, particularly those initiated by professional bodies or parliament, undergo a prior proportionality assessment. In addition, Cyprus incorrectly implemented several proportionality assessment criteria laid down in the Directive and failed to ensure appropriate provision of information and involvement of stakeholders.
The Commission launched these infringement procedures as a part of a broader infringement package against Member States that failed to properly transpose the Proportionality Test Directive. A reasoned opinion was sent to Bulgaria and Cyprus on 18 October 2023, supplemented by an additional reasoned opinion to Bulgaria on 25 July 2024.
The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Bulgaria and Cyprus to the Court of Justice of the European Union.
Background
The Proportionality Test Directive ( Directive (EU) 2018/958 ) is one of the four initiatives that were proposed as part of the 2017 Services Package. It was adopted in June 2018 and should have been implemented by Member States by 30 July 2020. The Directive aims to contribute to better prior assessments of restrictive regulations in line with the prevention pillar of the Enforcement Action Plan.
According to the Proportionality Test Directive, Member States must conduct 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. In addition, 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 parties. 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.
