M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 3 – Right of establishment and freedom to provide services Bilateral screening: Chapter 3 PRESENTATION OF MONTENEGRO Brussels, 29 – 30 November 2012

Ms. Katarina Milović Senior Adviser in the Ministry of Education and Sports M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union MUTUAL RECOGNITION OF FOREIGN EDUCATIONAL CERTIFICATES (LEGAL FRAMEWORK IN MONTENEGRO AND DIRECTIVE 2005/36/EC OF THE EUROPEAN PARLIAMENT ON THE RECOGNITION OF PROFESSIONAL QUALIFICATIONS) Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Celex: 32006L0123 Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market Celex: 32005L0036 Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications RELEVANT ACQUIS Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

OUTLINE IINSTITUTIONAL FRAMEWORK IILEGAL FRAMEWORK IN MONTENEGRO IIIPLANNED MID-TERM ACTIVITIES M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union I INSTITUTIONAL FRAMEWORK Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

INSTITUTIONAL FRAMEWORK OWERVIEW  MINISTRY OF LABOR AND SOCIAL WELFARE  MINISTRY OF EDUCATION AND SPORTS/ NATIONAL INFORMATION CENTER (ENIC CENTER)  RELEVANT EXPERT BODIES FOR THE PROCESS OF RECOGNITION OF THEFOREIGN EDUCATIONAL CERTIFICATES  EDUCATION INSTITUTIONS M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Poglavlje 25 Nauka i istraživanje II LEGAL FRAMEWORK IN MONTENEGRO II 1. Law on Recognition of Foreign Qualifications for Pursuing Regulated Professions (,,Official Gazette of Montenegro”, Number 18/11) II 2. Law on Recognition of Foreign Educational Certificates and Harmonization of Qualifications (,,Official Gazette of Montenegro”, Number 57/11) II 3. Law on National Vocational Qualifications („Official Gazette of Montenegro“, Number 80/08) Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union II 1. LAW ON RECOGNITION OF FOREIGN QUALIFICATIONS FOR PURSUING REGULATED PROFESSIONS  Regulated profession is the profession for pursuing of which qualifications attested by formal education are needed, as well as professional training, and/or working experience, after finishing formal education in accordance with this law  aim is quality assurance within purusing certain professions, as well as promotion of mobility  recognition of foreign qualifications for pursuing regulated professions is conducted by Ministry of Labor and Social Welfare  During recognition procedure, competent professional association, or other competent authority (hereinafter referred to „competent authority“) gives opinion on the comparability of foreign qualification or conclusion on defining the compensation measures – deadline 1 month  procedure of recognition of foreign qualification is defined by the Law  The person whose foreign qualification is recognized shall have the same right to pursue a regulated profession in Montenegro, under the same conditions as a Montenegrin citizen Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

 For pursuing of certain professions (physician, dentist, veterinarian, lawyer, nurse etc),. following laws apply : - Laws from the field of education (for example laws that regulate recognition of foreign educational certificates, Law on Higher Education, Rulebook on conditions, criteria and procedure for enrolment in the first academic year of University of Montenegro, Rules of studying of University of Montenegro etc); - special laws and by law acts which regulate specific areas (for example Veterinary Law, Rulebook on conditions for issuing of license for veterinary practices (Licence), Law on Health Care, Rulebook on licence issuing, renewal and deprivation, Rulebook on specializations, Law on Advocacy etc); as well as - acts which are adopted by competent professional authorities (for example Code of professional ethics of Engineers Chamber of Montenegro, Statute of Chamber of Physicians of Montenegro, Code of professional ethics of Chamber of Physicians of Montenegro, Rulebook on conditions, conditions, manner and procedure of registration and de-registration of pharmacists who can independetly perform tasks within its competence etc).  Acts form the field of education regulate conditions for enrolment, the right of application for enrolment have candidates with a degree in secondary education in four years, as well as diplomas from secondary schools relevant for certain University study programs. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Poglavlje 25 Nauka i istraživanje OPINION ON COMPARABILITY AND COMPENSATION MEASURES Opinion on comparability of foreign qualification – when qualifications of applicant correspond to the qualifications needed for pursuing regulated professions in Montenegro  If substantial difference is noticed, a compensation measure may be laid down  Competent professional authority can determine compensation measure: 1) previous aptitude test or 2) adaptation period of up to three years  Applicant has the possibility to choose one of the compensation measures  Compensation measure - deadline1 month  Compensation measure is defined by the conclusion of the competent professional authority  The applicant has the right of appeal to the Ministry against the conclusion Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union DEADLINE FOR RECOGNITION OF FOREIGN QUALIFICATION AND AUTOMATIC RECOGNITION  Ministry, after the procedure performed by the competent authority, makes decision on recognition of foreign qualification for pursuing regulated profession  Ministry makes decision on recognition – deadline 90 days  automatic recognition of regulated professions (In the procedure of recognition of foreign qualification for pursuing regulated profession, the evidence on formal education of citizens of European Union member states shall be recognized as if obtained in Montenegro)  Professional title may be different from the title that can be acquired after the formal education in Montenegro Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Poglavlje 25 Nauka i istraživanje CONTACT POINT FOR REGULATED PROFESSIONS  Contact point for regulated professions: Ministry of Labor and Social Welfare (informing and cooperation, record keeping, data base, etc)  Law defines that the list of regulated professions shall be defined by the Government of Montenegro, as well as the competent authority within the procedure of recognition of foreign qualification for pursuing regulated profession  Law defines obligation to harmonize publicly valid study programmes on the basis of which qualifications for pursuing regulated professions in Montenegro are obtained, with Directive 2005/36/EC  Delayed implementation of the Law until the accession of Montenegro to the European Union Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union AUTHORITYDEADLINE Ministry of Labor and Social Welfare resolves procedure of recognition (Ministry makes decision on recognition of foreign qualification for pursuing regulated profession) 90 days Competent professional association, or other competent authority gives opinion on the comparability of foreign qualification or conclusion on defining the compensation measure (previous aptitude test or adaptation period of up to three years) (right to choose compensation measure) 1 month Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union II 2. LAW ON RECOGNITION OF FOREIGN EDUCATIONAL CERTIFICATES AND HARMONIZATION OF QUALIFICATIONS  Scope of Law: The recognition of a foreign educational certificate on obtained and/or commenced education, or a part thereof, and harmonizing a qualification obtained at a certain level of education abroad with a qualification at a certain level of education in Montenegro.  Purpose of recognition of a foreign educational certificate and harmonization of a qualification is: - continuation of education (academic recognition); or - employment in Montenegro(professional recognition)  recognition of a foreign educational certificate is the acknowledgement of a certificate on completed education Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union  The recognition of a foreign educational certificate on obtained and/or commenced education, elementary, secondary general or secondary vocational education is performed by Ministry of Education and Sports  Recognition of a foreign higher education certificate with the purpose of finding employment is performed by the Ministry of Eucation and Sports through the National Information Centre: ENIC Centre  Recognition of foreign educational certificates with for the purpose of continuation of higher education is performed by a competent body of an accredited higher education institution upon obtaining the opinion from the ENIC Centre  The Ministry issues decision in the procedure of a certificate - deadline 30 days JURISDICTION- RECOGNITION OF FOREIGN EDUCATIONAL CERTIFICATE Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Poglavlje 25 Nauka i istraživanje  Harmonization of foreign qualification level of education with qualification level of education in Montenegro is performed by Ministry of Education and Sports  Harmonization of foreign qualification is performed based on the opinion of the institution which offers a comparative educational and/or study programme or other competent professional authority.  Ministry proceeds requests for harmonization of qualification – deadline 30 days  institution which offers a comparative educational and/or study programme or other competent professional authority issues opinion of the obtained qualification– deadline 30 days  Partial recognition of educational certificates HARMONIZATION OF FOREIGN QUALIFICATION Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union LAW ON RECOGNITION OF FOREIGN EDUCATIONAL CERTIFICATES AND HARMONIZATION OF QUALIFICATIONS DEADLINE: 30 days from the date of submission of the request RECOGNITION OF FOREIGN EDUCATIONAL CERTIFICATE AUTHORITY HARMONIZATION OF FOREIGNQUALIFICATION LEVEL OF EDUCATION AUTHORITY Recognition of a foreign educational certificate on obtained and/or commenced education, elementary, secondary general or secondary vocational education Ministry of Education and Sports Harmonization of foreign qualification level of education with qualification level of education in Montenegro is a detailed comparison of a qualification obtained abroad with a corresponding qualification obtained in Montenegro, based on the standard of the qualification Ministry proceeds requests for harmonization of qualification based on the opinion of the institution which offers a comparative educational and/or study programme or other competent professional authority. Recognition of a foreign higher education certificate with the purpose of finding employment (professional recognition) Ministry of Education and Sports through the National Information Centre: ENIC Centre Recognition of foreign educational certificates with for the purpose of continuation of higher education (academic recognition) competent body of an accredited higher education institution upon obtaining the opinion from the ENIC Centre Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Poglavlje 25 Nauka i istraživanje II 3. LAW ON NATIONAL VOCATIONAL QUALIFICATIONS  Scope: conditions, manner and procedure for obtaining national vocational qualification, or core skills necessary for labor market, procedure transparency as well as availability of information  Vocational qualifications, or core skills, which are confirmed by certificate, and which were obtained in line with this law, have the same importance on the labor market as the vocational qualifications obtained in the formal system of vocational education because they are both based on same occupational standard  Contribution to personal development, easier employment, increase of mobility and market development  The recognition of foreign certificates is formal recognition of foreign certificates on acquired vocational qualifications – performed by Ministry of Labor and Social Welfare  Deadline for recognition of foreign certificate - 30 days Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

EUROPASS DOCUMENTS  Draft Law which was prepared by the Governemnt of Montenegro and which is in the Parlament adoption procedure, Europass is defined  Europass documents are: Europass Certificate Supplement; Europass Diploma Supplement; Europass Mobility; European Language Passport and Europass Curriculum Vitae  Contact Point for implementation of Europass documents –Ministry of Education and Sports M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union III PLANNED MID-TERM ACTIVITIES Chapter 3: Right of establishment and freedom to provide services Chapter 03: Right of establishment and freedom to provide services

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Planned Mid-Term Activities  Continued harmonization of national legislation with EU legislation  Establishment of list of regulated professions in Montenegro, in line with the Law  harmonization of programmes on the basis of which qualifications for pursuing regulated professions in Montenegro are obtained, with minimum demands of Directive 2005/36/EC, in line with the Law  This Working Group submitted to Europen Commission request for technical assistance for establishment of the list of regulated professions in Montenegro, setting up of uniqe contact point, as well as register base in the field of regulated professions Chapter 03: Right of establishment and freedom to provide services Chapter 3: Right of establishment and freedom to provide services

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