Free Movement, Mutual Recognition and Homogeneity: The Case of Health Workers in the EU and EEA

Abstract

The principle of mutual recognition, grounded in mutual trust, anchors the free movement of professionals within the European Union (EU), assuming that qualifications awarded in one Member State (MS) will be accepted across the region. However, despite the EEA agreement and the principle of homogeneity extending these rules to EFTA States, practical challenges, particularly in sectors like healthcare, reveal inconsistencies in how mutual recognition is applied in the labour market. While the EU and EEA frameworks aim to create a barrier-free single labour market, delays in the incorporation of EU legislation, bureaucratic obstacles, national differences in qualification requirements due to education systems being primarily regulated at a national level, and language barriers continue to hinder effective mobility and the proper application of the principle of homogeneity in the framework of the EEA Agreement. This article highlights key EFTA Court rulings that clarify Member States’ obligations under Directive 2005/36/EC and the EEA Agreement, especially regarding timely legislative implementation, proportionality of language requirements, and the need for accessible recognition mechanisms. Ultimately, while public health grounds may justify certain limitations, the EFTA Court has reinforced legal principles aimed at safeguarding the freedom of movement for health professionals^[1] across the EU and EEA. Strengthening inter-institutional cooperation at the EU level, between employment and education ministries, is essential to align training programs with labour market needs and to harmonize qualification standards in regulated professions, ensuring effective mutual recognition and the free movement of professionals in line with the principle of homogeneity. This discussion is particularly timely due to the recent own initiative cases opened by the EFTA Surveillance Authority against Norway and the enactment of Directive EU 2024/782, which will enter in force in 2026.