Free movement and recognition of qualifications in the European Union: the case of music professionals MA European Law and Policy Janneke C. Vrijland October 2005 School of Social, Historical and Literary Studies Faculty of Humanities and Social Sciences, University of Portsmouth and HEBO, Haagse Hogeschool Free movement and recognition of qualifications in the EU: the case of music professionals 2 ACKNOWLEDGEMENTS This study is intended to provide an overview of legislation and issues at stake regarding the free movement of music professionals within the European Union, with an emphasis on the particular areas of regulated professions and diploma recognition. Hopefully this study will be of use to music professionals, music educators, policy makers and others active in the music sector. It is written from the viewpoint of music professionals who wish to receive clear and comprehensible information on their legal position when performing, studying or teaching abroad within the EU. Many interesting and related themes have been left out of this study, due to constraints in time and size, but hopefully these will be explored by others in future. My interest in this particular subject stems from my work for the ‘Association Européenne des Conservatoires, Académies de Musique et Musikhochschulen’ (AEC), for which I have been involved in several projects relevant to the mobility of music students and professionals. Through these projects it came to my notion that there was a definite need for one document or source compiling all relevant legislation, issues at stake combined with information per country and analyses. Special thanks goes to Professor Verwey for his academic advice and supervision and to my family and friends for their continuous support. I am also grateful to my employer AEC and in particular chief executive Martin Prchal for providing me with both the subject and the time to fulfil these studies. Erasmus Thematic Network for Music ‘Polifonia’ 2005 Free movement and recognition of qualifications in the EU: the case of music professionals 3 ABSTRACT Music professionals who originate from an EU country are allowed to travel and work freely within the territory of all EU Member States, as provided by Article 39 (freedom of movement for workers), Art 43 (freedom of establishment) and Art 49 (freedom to provide services) of the EC Treaty. Thanks to mobility schemes such as the Socrates/Erasmus Programme of the European Union, an increasing number of music students gain international experience and are therefore more interested in and more suited for an international career. Although music is by nature a field of study and work in which there has always been a great deal of mobility, problems that occur when music professionals or students travel can be numerous. Diploma recognition is one of the areas in which serious problems can occur when travelling abroad to undertake studies, to be employed or to set up a company. There are several international developments which aim at improving the mobility situation by increasing transparency and comparability of national educational systems, such as the Bologna Declaration Process and the Lisbon Recognition Convention. The main research questions of this study are therefore: What are the Treaty articles, case law and secondary legislation applicable to the free movement of professional musicians and music students in the EU? What are the main obstacles to the free movement of professional musicians and music students within the EU? What are the regulated professions in music in EU countries? In how far have objectives of the Bologna Declaration Process been implemented in the professional music training sector in EU countries? The first Chapter discusses the Treaty articles, case law and secondary legislation applicable to the free movement of professional musicians and music students. A distinction is made between the free movement of workers and the free movement of the self-employed, analysing the rights and entitlements of EU migrants in each situation. The second Chapter is dedicated to the recognition of qualifications as regards the regulated professions. Following a study of the concept of regulated professions and the latest developments in this field, I have included and analysed an overview of regulated professions in music per EU Member State. Recent developments in European higher education, focussing on the effects and implementation of the Bologna Process in professional music training, are treated in the third Chapter. This Chapter furthermore includes an overview of the implementation of several important aspects in professional music training per country: the two-cycle system (Bachelor-Master), a system for quality assurance and the ratification of the Lisbon Recognition Convention. The greatest obstacle to the mobility of people working (or studying) in the music performance or music teaching sector in the European Union seems to be the bureaucracy and inflexibility of nationals systems which prevent migrants and other foreign workers from receiving equal treatment. My recommendations therefore include the establishment of a ‘one-stop-shop’, preferably online, for music professionals, music students, recognition agencies dealing with music qualifications, institutions for professional music training, governments and quality assurance agencies. An important and useful part of the web application would be to provide clear information on European legislation, explaining not only the rights and entitlements of music professionals but also where they should to go when they suspect that their rights are being violated. Erasmus Thematic Network for Music ‘Polifonia’ 2005 Free movement and recognition of qualifications in the EU: the case of music professionals 4 TABLE OF CONTENTS Acknowledgements .......................................................................................................... 2 Abstract ............................................................................................................................. 3 Table of contents .............................................................................................................. 4 List of figures .................................................................................................................... 5 Introduction ....................................................................................................................... 6 1. Free movement of persons ........................................................................................ 9 1.1. Freedom of movement for workers ...................................................................... 11 1.1.1. The concept of ’worker’ .......................................................................... 11 1.1.2. The rights and entitlements of workers .................................................. 12 1.1.3. Entry and residence of workers .............................................................. 15 1.1.4. Job seekers and retired persons ............................................................ 16 1.1.5. Restrictions to the free movement of workers ........................................ 17 1.2. Freedom of movement of the self-employed ....................................................... 18 1.2.1. Freedom of establishment ...................................................................... 19 1.2.2. Freedom to provide services .................................................................. 21 1.2.3. Entry and residence of the self-employed .............................................. 23 1.3. Free movement of students ................................................................................. 24 1.4. Free movement to and from the new EU Member States .................................. 25 1.5. Conclusions ......................................................................................................... 27 2. Recognition of qualifications: regulated professions ........................................... 29 2.1. The concept of regulated professions .................................................................. 30 2.2. From a sectoral towards a general system approach .......................................... 31 2.3. Regulated professions in music per country......................................................... 34 2.4. Analysis of the country overview ........................................................................ 40 2.5. Conclusions ......................................................................................................... 44 3. Recognition of qualifications: towards one European Higher Education area .. 45 3.1. The Bologna Process .......................................................................................... 45 3.1.1. The Bologna Declaration ........................................................................ 45 3.1.2. The Bologna Process follow-up Communiqués ..................................... 46 3.1.3. Developments concurrent with the Bologna process ............................. 48 3.2. The Bologna Process and professional music training ........................................ 52 3.3. Implementation of the Bologna Process in professional music training per EU country .........................................................................................................53 3.4. Analysis of the country overview ......................................................................... 61 3.5. Conclusions ........................................................................................................