Regulation of liberal professions: public protection or restrictions competition

• International network of doctoral studies in law: knygos tekstas

ENRepresentatives of liberal professions (notaries, bailiffs, attorneys, architects, auditors, medicals, engineers, etc.) render high standard intellectual services, which constitute 1/3 of all services market in EU. Professional services are very particular – they create value not only for their clients, but also for the public. Due to this, traditionally liberal professions are intensively regulated. In the year 2004 the European Commission started to urge Member States to initiate deregulation of liberal professions in order to facilitate entrance to free service market and, therefore, enhance competition. At the same time, professional associations of liberal professions have delivered strong arguments why deregulation may have negative impact to the public. Aim of the paper is to determine the actual raison d’être of maintaining extensive regulation of liberal professions, i.e. education and qualification requirements, requirements for rendering services, restrictions of advertising, etc. It is sought to evaluate whether liberal professions actually do have specific status and what are the main features of their services. Positions of the European Commission and associations of liberal professions are analysed separately. Several examples of topicalities related to liberal professions’ regulation in Lithuania are given. Conclusion is drawn that regulation of liberal professions should be maintained in order to protect both – customers and public interest. However, arguments for deregulation should not be totally ignored and certain vectors for liberalising regulation of liberal professions may be considered by regulator and representatives of liberal professions themselves. As well, it is proposed to consider self-regulation as most suitable and flexible way to constantly reflect changes in the market. Proposals for Lithuanian context are also provided. [From the publication]