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The proportionality test is used in the context of regulated professions. These are professions for which access and/or practice is subject to conditions. These include the requirement to have certain professional qualifications (a diploma, professional experience, etc.) or to be bound by an ethics code.
Which professions are affected?
View the list of regulated professions (nl).
This regulatory framework essentially limits the freedom of economic agents: They cannot carry out the relevant activity if they do not respect these conditions.
Proportionate rules
The rules governing these professions must be proportionate. They must not go beyond what is necessary to ensure the public interest objectives pursued. The measures planned must therefore be legitimate.
The public interest objectives that generally justify the regulation of a profession are, for example:
- Maintaining public order or public safety,
- Maintaining the financial equilibrium of the social security system,
- Protecting consumers, the recipients of services, and workers, etc.
The purpose of the proportionality test is precisely to ensure this proportionality is respected.
When should a proportionality test be carried out?
Only proposals to adopt or amend provisions regulating a profession are subject to a proportionality test.
As a result:
- There is no need to carry out a proportionality test for existing professional regulations;
- When a profession's regulations are amended or new provisions are introduced, it is not necessary to carry out a proportionality test for the profession as a whole: Only the new or amended provisions will be tested;
- In the case of such a proposal, only those provisions that regulate access to and/or practice of the profession will be tested. Provisions with a different purpose, such as the operation of the Order or Institute governing the regulated profession, are not subject to a proportionality test;
- In the case of proposed changes to professional regulations, the test must be carried out both for a proposal to add or tighten the conditions, and for a proposal to ease them.
Who should carry out proportionality tests?
The proportionality test must be carried out by the authority planning the proposal. This organisation is in the best position to carry out a proportionality test of the draft regulations it is drawing up.
What is included in a proportionality test?
When carrying out the proportionality test, the authority responsible for the proposal must take into account a series of elements, divided into four lists.
- The first list contains the elements that must be taken into account, whatever the proposed professional regulations.
- The second list contains elements to be taken into account only if relevant to the nature and content of the proposed professional regulations.
- The third list contains the elements that already regulate the profession and are relevant to the proposed professional regulations.
- The fourth list contains elements relating to the temporary or occasional provision of services by a provider from another EU Member State.
Legal basis
Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications required Member States to carry out such a proportionality test, without specifying how.
This situation risked fragmenting the internal market: Member States could have had differing approaches to proportionality. It was therefore important to establish a standardised framework. This standardisation was carried out through Directive 2018/958 of the European Parliament and of the Council of 28 June 2018 on a proportionality test before adoption of new regulation of professions.
The latter was transposed into Belgian law by the Law of 27 October 2020 on a proportionality test prior to adopting new professional regulations or amending existing regulations. This transposition concerns the federal level only, and does not apply to the healthcare professions.
The role of the public
This site acts as a single portal: Firstly, the authorities publish information on their proposed (changes to) professional regulations, and then the general public can view and comment on them.
Regarding the publication of information, each authority either publishes it directly on this site, or publishes a link to the relevant information.
Regarding the possibility for the public to submit an opinion, each authority provides the relevant details, including the deadline by which opinions must be received (which may not be less than two weeks from publication of the information). Subsequently, the authority takes note of these opinions and may choose to modify the proposal accordingly.
This procedure precedes the standard formalities for the act concerned, such as requesting an opinion from the Council of State, Legislation Section.
Ongoing proportionality tests
Preparation for the adjustment of the accreditation criteria (FR/NL) for the Level 2 title in paediatrics and the Level 3 title in neonatology, as well as for the creation of various new Level 3 titles for physicians.
Communication and possibility to provide feedback until 14/05/2026 via the following email address: Patrick.Waterbley@health.fgov.be
Draft Royal Decree concerning the mental health care profession (FR/NL)
Communication and opportunity to submit comments until 15/05/2026 via the following email address: frggzb-cfpssm@health.fgov.be
Communication and possibility to submit comments until 18/05/2026 via the following email address:
Patrick.Waterbley@health.fgov.be
Draft bill containing various provisions relating to health (FR/NL)
Communication and opportunity to submit comments until 20/05/2026