Recognition of diplomas by GDC via Directive 2004/38/EC

toabetterchange · Post by **toabetterchange** » Mon Sep 19, 2011 1:21 am

Directive/2004/38/EC wrote:
toabetterchange wrote:The GDC cannot be different than The GMC under European law.
Why do you say that?

Can the GDC change Directive 2004/38/EC and Directive 2005/36/EC?

Post by **Directive/2004/38/EC** » Mon Sep 19, 2011 1:27 am

Ask more questions my friend!

Directive 2004/38/EC wrote:Article 37 - More favourable national provisions

The provisions of this Directive shall not affect any laws, regulations or administrative provisions laid down by a Member State which would be more favourable to the persons covered by this Directive.

This means that, for instance, if France wanted to issue Permanent Residence Cards to people in 4 years instead of 5 years (as specified in the Directive), they could.

Does a similar Article appear in Directive 2005/36/EC? I do not see it, but I have not read it in as much detail...

But back to your quote:

The GDC cannot be different than The GMC under European law.

As long as both of them were compliant with EU law, there is nothing to prevent one of the bodies from going BEYOND the minimum specified in the law to make it easier for applicants to do X, Y or Z.

toabetterchange · Post by **toabetterchange** » Mon Sep 19, 2011 1:54 am

What is the meaning of this:

Article 40

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by â€¦â€¦

Post by **Directive/2004/38/EC** » Mon Sep 19, 2011 1:57 am

toabetterchange wrote:What is the meaning of this:

Article 40

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by â€¦â€¦

I am not sure what your question is. Can you clarify?

To learn about how Directives are transposed into national law, http://en.wikipedia.org/wiki/Directive_ ... ementation is a decent place to start.

toabetterchange · Post by **toabetterchange** » Mon Sep 19, 2011 2:01 am

Directive/2004/38/EC wrote:
toabetterchange wrote:What is the meaning of this:

Article 40

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by â€¦â€¦
I am not sure what your question is. Can you clarify?

To learn about how Directives are transposed into national law, http://en.wikipedia.org/wiki/Directive_ ... ementation is a decent place to start.

Thanks, that is the answer I needed...

But more commonly member states are required to make changes to their laws (commonly referred to as transposition) in order for the directive to be implemented correctly (See opinion 3/2005 - European court of auditors). If a member state fails to pass the required national legislation, or if the national legislation does not adequately comply with the requirements of the directive, the European Commission may initiate legal action against the member state in the European Court of Justice.

86ti · Post by **86ti** » Mon Sep 19, 2011 8:12 am

toabetterchange wrote:Can the GDC change Directive 2004/38/EC and Directive 2005/36/EC?

Why do you still believe they have any relevance to your current circumstances? As explained above you have to deal solely with national legislation. And obviously the GDC, and also the GMC, have the authority to decide who can practice in the UK outside of EU regulations. There is absolutely no reason here why the GDC should have the same rules as the GMC.

toabetterchange · Post by **toabetterchange** » Mon Sep 19, 2011 2:42 pm

Yes, you are right

turuturu · Post by **turuturu** » Tue Sep 10, 2013 2:58 pm

My wife is an European National (British) with a dentist degree from a third country (Venezuela), she has obtained the official recognition of her title in Spain in 2009, "in accordance with the provisions of the Article 2.2 of the directive 2005/36/EC, and also proved more than 3 years professional practice in Spain in accordance with the Article 3.3 of the directive 2005/36/Ec", taken from a official certificate given by the competent authorities in Spain.

article 2.2 Each Member State may permit Member State nationals in possession of evidence of professional qualifications not obtained in a Member State to pursue a regulated profession
within the meaning of Article 3(1)(a) on its territory in accordance with its rules. In the case of professions covered by Title III, Chapter III, this initial recognition shall respect the minimum training conditions laid down in that Chapter.

Article 3.3 Evidence of formal qualifications issued by a third country shall be regarded as evidence of formal qualifications if the holder has three years' professional experience in the
profession concerned on the territory of the Member State which recognised that evidence of formal qualifications in accordance with Article 2(2), certified by that Member State.
From the articles above:

1- )Can de General Dental Council denied her application, following the Directive 2005/36/Ec ?

2.-) Can her qualification be recognized directly as her degree has been recognized for another European Country, and she has a certificate from the competent body from Spain, stating ” She has been working in Spain for more than 3 years and comply with the Annex V, point 5.3.2 of the Directive on recognition of professional qualifications ?

So far she has applied for registration un section 15 (1)(ba) as she was advice by the GDC to do so, However i would like to quote some points from the directive 2005/36/ec, and be ahead of the situation if the outcome is not positive.

Many thanks in advance for the help anyone can provide

Post by **Directive/2004/38/EC** » Tue Sep 10, 2013 11:59 pm

Good questions. I look forward to hearing anyone's opinion and how it goes when you try to register

turuturu · Post by **turuturu** » Thu Sep 19, 2013 11:32 am

i have emaild the GDC following my question above, and the answer from them is :
"There is no automatic route to registration as your degree was awarded outside the EEA but as your degree has been recognised in Spain this is taken into account in the assessment under the systems directives",

However, some of the articles in this Directive mentions third country degree recognized in another eea country willq qualified for automatic recognition, i have emailed them back pointing some of this articles: 1, 2.2, 3.3, 11, 12, 13, 21 and 23, for not mentions those regarding the dental practioners articles, plus and email from the Europe advisor, telling me i felt withing the scope of this directive and automatic recognition.

I have not got an answer from this email yet,

Is anyone got any ideas of the possible outcome, or what can i do about

Thanks

Post by **Directive/2004/38/EC** » Thu Sep 19, 2013 3:29 pm

If you engage and work with them. like you are, then your chances are far better than the passive approach many people take. Be patient and go back to them repeatedly.

turuturu · Post by **turuturu** » Mon Oct 07, 2013 3:46 pm

just to let you know
done got it
the application has been succesfull, just now more document and time.. thanks

Post by **Directive/2004/38/EC** » Mon Oct 07, 2013 8:00 pm

turuturu wrote:just to let you know
done got it
the application has been succesfull, just now more document and time.. thanks

Good news!

gaabeey · Post by **gaabeey** » Sat Feb 14, 2015 11:25 pm

Hello everyone,

I know this post is kinda old by now but I have been looking everywhere for answers and I don't seem to find any, so here goes..
I'm a non-EU spouse of an EU national exercising treaty right and I live with him the in UK now, so I think that should make me exempt and eligible for individual assessment as the GDC website says, but my qualifications are from non-EU country (Egypt) and I'm quite confused as to what I should be prepared for, I've been told I will need to send in some documents after I prove my exempt status such as NARIC comparability statement, letter of good standing, as well as my university's degree complete syllabus and transcripts.

So my questions are what is the success rate of this route? What is the GDC looking for? Is there anything that can be done now that I'm in the UK to increase my chances such as courses etc.? ....Should I be looking to get a lawyer?
Also in the event of being successful will that mean I would be fully registered and eligible to work straight away or would I need to do VT?
Any answers would be welcome and thanks

email:pink-flower@live.ca

MMS · Post by **MMS** » Thu Oct 20, 2016 8:54 pm

turuturu wrote:just to let you know
done got it
the application has been succesfull, just now more document and time.. thanks

...
Hi, I need your advise please. how can i contact you. thank you

MMS · Post by **MMS** » Thu Oct 20, 2016 9:27 pm

Directive/2004/38/EC wrote:
toabetterchange wrote:I am a third national dentist with a third national diploma, I have asked the GDC Dental Council to verify my right of recognition of my qualification and they just simply said : that I dont have that right, only they can assess my qualification and they can decide if it is comparable with the national qualifications , if they are not the same , I would need to sit for Dental examinations... I don't even have the opportunity to a compensation measure( an aptitude test)
When you say "right of recognition of qualification", what do you mean? That they "recognize your qualification" and allow you to practice in the UK right away?

May I ask you please is the below sentence applied on the person who hase a refugee status.

( have enforceable community rights, which entitle you to be treated no less favourably than an EEA/ Swiss national )

Many Thanks

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Recognition of diplomas by GDC via Directive 2004/38/EC

Directive 2005/36/ec dentist

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