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European Liberal Professions DayBrussels, 12 June 2006

Key Notes

Mag. Pharm. Dr Herbert Cabana,

President of the Austrian Chamber of Pharmacists

The members of a liberal profession are service providers of a special kind: Given the range of services they provide, they cover the public's fundamental needs (='fundamental rights'):

  • Right to good health, both directly and indirectly as regards food, vets come to mind
  • Right to health information
  • Access to legal redress
  • Access to legal information (including tax law)
  • Right to safety in the field of construction.

The professionals of the BUKO (Federal Committee of Liberal Professions of Austria) adhere to certain common criteria when carrying out their profession:

  • Obligations towards the general interest
  • High ethical and professional standards
  • Self-administration
  • Commitment to professional standards and self-supervision (disciplinary proceedings)
  • Performance of duties for which the state has sole competence on behalf of the state.

just to mention a few.

However, I am aware that, despite these common criteria, each individual profession follows its own specific interests. These do not always tally with those of other professions, and sometimes they even compete.

It is in this interplay between common ground and difference that we have to find a common "corporate identity".

We have discussed the above phenomenon both within the Federal Committee of Liberal Professions of Austria, and with our German friends at our annual bilateral meetings, and have analysed the difficulties we face, in certain cases, in representing the liberal professions to the outside world.

The continued existence over several decades of our respective associations, the BUKO and the BFB (German Federal Association of Liberal Professions) illustrates that it is possible to make the common ground outweigh the differences through honest appraisal and mutual understanding.

As a representative of the liberal professions in Austria, I consider the following points to be of particular importance:

1.We must meet the public's expectations as regards the range of services our professions provide

2.In providing these services we must equally bear in mind the general interest

3.This means making sure that, in future as well, basic conditions are such that we can still satisfy the above requirements

4. We must ensure that the value we provide through our work is

a.transparent

b.recognised by the public.

This is easier said than done, since we tend not always to fully appreciate many of the things that function well.

All too often we only recognise the value of a service once it is no longer provided.

That is why I am particularly pleased that Recital 43 of the directive on the recognition of qualifications defines the liberal professions.

Recital 43 states:

To the extent that they are regulated, this Directive includes also liberal professions, which are, according to this Directive, those practised on the basis of relevant professional qualifications in a personal, responsible and professionally independent capacity by those providing intellectual and conceptual services in the interest of the client and the public. The exercise of the profession might be subject in the Member States, in conformity with the Treaty, to specific legal constraints based on national legislation and on the statutory provisions laid down autonomously, within that framework, by the respective professional representative bodies, safeguarding and developing their professionalism and quality of service and the confidentiality of relations with the client.

I am pleased that we now have the opportunity to take this discussion to the European level.

The choice of subject for today's meeting gives us the chance to provide concrete examples of the need for common action at Community level:

Here is just one example which relates to competition:

Due to the very nature of the individual professions, free trade rules cannot be applied to the professions in the way that they are to markets where there are no limits to expansion. The 'market' for services provided by a liberal profession cannot be expanded at will by the provider.

Allow me, as a pharmacist, to illustrate this with the case of my own profession:

As pharmacists, we have a statutory obligation to advise the public on medicinal and health matters, and to cover their need for medicines, anywhere in the country.

On the other hand we are not permitted to rouse public demand for remedies, which, in individual cases, may not be necessary.

Anyone who has visited a pharmacy will, on one occasion or another, have witnessed a pharmacist TURN DOWN a request for a medicine with the remark that an examination by a doctor was absolutely essential; this, in spite of the fact that in doing so he or she has had to turn down a sale and has disregarded free market criteria?

We have a duty towards the general interest and towards public health. Therefore it makes no sense at all to apply certain restrictions, such as on supply (prescription only) and advertising, to pharmacists.

The same is true of measures designed to prevent distortions in competition, for example those concerning night and weekend duty, activities which, in any case, are totally unprofitable from an economic point of view.

I am delighted that today we have the opportunity to discuss issues and suggestions concerning the liberal professions in a wider circle.

Moreover, I hope that with this event we have taken the first step towards an annual European Liberal Professions Day. This day will hopefully become a permanent platform and source of input for a common approach.

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