Regulation of professions in France
Principles
The case of the « liberal professions »
The case of « craft services »
Evolution/tendences
Guillaume LACROIX
General Directorate for Competitiveness, Industry and Services
Ministère du Redressement Productif
Ministère du Commerce, de l’Artisanat et des Services
Principles
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3 principles :
– Freedom of trade and industry : general principle of French law and
public liberty under Article 34 of the Constitution which is the legislator’s
competence
– Freedom of entrepreneurship : a basic principle of constitutional value
– Transparency : no general limitations/contraints unless specified by law
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Limitations :
– Possible limitations by the law, provided that they do not change the
nature of the constitutional freedom
– Control of proportionality
– Undue or arbitrary restrictions considered contrary to the Constitution
•
Broad discretion of the regulatory power once the restriction
has been allowed by the law
Focus on « liberal » professions (1/3)
750 000 persons
Focus on liberal professions (2/3)
two distinct groups
•
« Traditional » regulated liberal profession :
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Categorised in the liberal field by the law
Title protected by the law (architects, chartered accountants…)
Obligation to respect strict deontology stated by regulatory provisions
Controlled by professional order/chambers
But also….
– Other regulated liberal professions without control by any professional
body : professional qualifications requirements and/or prior declaration
or autorisation (driving school teachers)
Focus on liberal professions (3/3)
two distinct groups
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Development of « non regulated liberal professions » :
– Consultants in various domains, coaching,
– Constantly increasing number : around 35% of the sector today, growth
facilitated by the Autoentrepreneur’s system
– One or many trade unions that defend the interest of a profession or
transprofessional organisations
And….
– Always the attraction towards the prestigious traditionnal model of the
regulated sector
Focus on craft professions (1/3)
Focus on craft professions (2/3)
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Specific craft regulation
– Law of 1996 on the development and the promotion of trade and craft:
• 7 types of activities concerned (mainly building and food)
• Professional qualification required for the person who exercises the effective
and permanent control of the activity (entrepreneur, collaborating spouse,
employee) : a moderate obstacle to access
• Alternative : diploma or professional experience
• Same requirement for hairdresser, except for home-based businesses
– Role of Chambers of Trade and Craft Industries
Focus on craft professions (3/3)
For other craft activities :
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no requirement (tailor, shoemaker…)
more restrictive regimes in specific cases
– professional qualification requirements that has to be fullfilled by the
entrepreneur himself and authorisation :
Ex : technical automobile inspection
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Qualification may be obtained by passing a professional
examination (ex : taxi) or by a professional training
Evolutions/tendencies (1/2)
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Constant will of professions to raise the level of qualification
Many explanations :
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More stringent technical standards
Collective image of the profession…
Extending the scope of activities in other sectors/consumers
Raising barriers to access ???
Proliferation of not mandatory deontological rules, codes of conduct or
« professional standards » from professional organisation who lay down
ethical rules by imitation
Regulations stay under the control of the State
Nonetheless, major sectors stay non regulated in France :
ex : engineering : free access to the profession with a possibility to
obtain a title that certifies the quality of the training
Evolutions (2/2)
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Recent reforms
– Simplification of guiding activities (tourist guides):
• merger of 4 types of profession distinguished regarding to their geographical
coverage into one unique profession
• limitation of the professional qualification requirement to guided tours in
national museums and monuments on behalf of travel agents
– Simplification and easing of requirements for travel agents
– Reform forecast to simplify training programs (ex: sports instructors)
– Bologna process may sometimes result in strenghtening of conditions
(duration of training) ; case of auctions
Thank You for Your attention