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page 1 “Support to Kosovo institutions on SAA implementation” Twinning project KS 14 IPA OT 01 16 Twinning Project KS 14 IPA OT 02 16 Support to Kosovo Institutions on SAA implementation REPORT ON TRAINING NEEDS ASSESSMENT FOR CHAPTER 3 RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES prepared in implementation of Activity 2.1.2. of the twinning project Report prepared and submitted by twinning expert: Katarzyna Majcher DRAFT - October 2018 The present Training Needs Assessment Report has been prepared in implementation of the Activity 2.1.2 “Production of eight training needs assessment reports, outlining target groups and specific training” of the Twinning Project KS 14 IPA OT 02 16 “Support to Kosovo Institutions on SAA implementation” financed by the Instrument for Are-Accession Assistance (IPA)-2014. The overall purpose of this Twinning Project is to support Kosovo’s administration in effective and efficient management of the SAA process by improving policy planning on EU Acquis adoption. The specific purpose of the Activity 2.1.2. is to develop Training Needs Assessment Report that is focused on the disparity between current capacities of relevant stakeholders in the field of right of establishment and freedom to provide services and those needed for adequate transposition of EU acquis, and effective and efficient policy planning. TNA report for chapter 3 will also outline the capacities of current staff members in terms of education, foreign language expertise, fields of specialisation and familiarisation with the chapter’s acquis. In preparation of this Report, twinning expert was following methodology described in the document “Methodological and procedural approach for preparation of the STE reports in implementation of Activity 2.1.2 of the Twinning Project” which was prepared by the project and commonly agreed with beneficiary. The Report is based on the Gap Assessment Report in Chapter 3, information acquired by way of interviews with the beneficiary (MEI, line ministries, central offices and agencies, professional organizations) and analysis of documentation provided by the beneficiary.
Transcript
Page 1: DRAFT - October 2018...2.1.2 of the Twinning Project” which was prepared by the project and commonly agreed with beneficiary. The Report is based on the Gap Assessment Report in

page 1

“Support to Kosovo institutions on SAA implementation”

Twinning project KS 14 IPA OT 01 16

Twinning Project KS 14 IPA OT 02 16 Support to Kosovo Institutions on SAA implementation

REPORT ON TRAINING NEEDS ASSESSMENT FOR CHAPTER 3 – RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES

prepared in implementation of Activity 2.1.2. of the twinning project Report prepared and submitted by twinning expert: Katarzyna Majcher

DRAFT - October 2018

The present Training Needs Assessment Report has been prepared in implementation of the Activity 2.1.2 “Production of eight training needs assessment reports, outlining target groups and specific training” of the Twinning Project KS 14 IPA OT 02 16 “Support to Kosovo Institutions on SAA implementation” financed by the Instrument for Are-Accession Assistance (IPA)-2014.

The overall purpose of this Twinning Project is to support Kosovo’s administration in effective and efficient management of the SAA process by improving policy planning on EU Acquis adoption. The specific purpose of the Activity 2.1.2. is to develop Training Needs Assessment Report that is focused on the disparity between current capacities of relevant stakeholders in the field of right of establishment and freedom to provide services and those needed for adequate transposition of EU acquis, and effective and efficient policy planning. TNA report for chapter 3 will also outline the capacities of current staff members in terms of education, foreign language expertise, fields of specialisation and familiarisation with the chapter’s acquis.

In preparation of this Report, twinning expert was following methodology described in the document “Methodological and procedural approach for preparation of the STE reports in implementation of Activity 2.1.2 of the Twinning Project” which was prepared by the project and commonly agreed with beneficiary. The Report is based on the Gap Assessment Report in Chapter 3, information acquired by way of interviews with the beneficiary (MEI, line ministries, central offices and agencies, professional organizations) and analysis of documentation provided by the beneficiary.

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Table of Contents

Table of Contents ...................................................................................................................................... 2

1. Introduction ................................................................................................................................... 3

2. Respondents .................................................................................................................................. 3

3. Training needs assessment ............................................................................................................ 4

a) General information ............................................................................................................ 4

b) General training needs assessment .................................................................................... 7

c) Specific trainings needs assessment in the field of right of establishment and freedom to

provide services ................................................................................................................................. 8

d) ToT needs asseessment .................................................................................................... 11

4. Conclusions and recommendations ............................................................................................ 13

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1. Introduction

The aim of this report is to assess the training needs of relevant stakeholders in the field of right of establishment and freedom to provide services in Kosovo and to develop human resources through the implementation of prioritized training activities on the basis of identified needs.

The main objective of the TNA is to identify training gaps in the field of right of establishment and freedom to provide services. The TNA conclusions will provide recommendations for the need of the trainings for the contacted stakeholders.

This report has been prepared on the basis of the questionnaire distributed to the public administration officials in 9 institutions, who are involved in the transposition of EU acquis, as well as in implementation and enforcement in the area of right of establishment and freedom to provide services (Ministry of Trade and Industry, Ministry of Education, Science and Technology, Ministry of Economic Development, Ministry of Environment and Spatial Planning, Ministry of Justice, Ministry of Health, Food and Veterinary Agency, Regulatory Authority of Electronic and Postal Communication, Agency for Medical Products). Moreover the questionnaire was distributed to the professional organizations (Chamber of Architects, Chamber of Doctors, Chamber of Pharmacists, and Chamber of Nurses and Midwives). Regrettably none of them replied.

The questionnaire was comprised of the following parts:

General information – questions about personal data, age, education and working experience.

General assessment of skills and knowledge – questions about training needs regarding foreign languages and more general topics, such as: EU institutions, implementation of EU law and legislative procedures.

Specific training needs assessment in the field of right of establishment and freedom to provide

services – questions about previous training and training needs on the specific issues of the EU law on

right of establishment and freedom to provide services, such as general principles of right of

establishment (articles 49-55 TFEU), general principles of freedom to provide services (articles 56-62

TFEU), directive 2006/123/EC on services in the internal market, directive 97/67/EC on common rules

for the development of the internal market of Community postal services and the improvement of

quality of service, directive 2005/36/EC on the recognition of professional qualifications as well as the

knowledge about some specific EU directives.

Training of the trainers (ToT) needs assessment – questions about previously attended training of trainers programmes and needed one.

2. Respondents There were in total 16 answers:

- 5 replies were received from the Ministry of Education, Science and Technology, - 4 from the Ministry of Trade and Industry,

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- 2 from the Ministry of Justice, - and 1 from each of the following: Ministry of Economic Development, Ministry of Environment and

Spatial Planning, Food and Veterinary Agency, Regulatory Authority of Electronic and Postal Communication, Agency for Medicinal Products.

3. Training needs assessment a) General information

Age group Most of the respondents are between 41 and 50 years old, meaning that they are already very experienced civil servants who are at the pick of their carrier in public administration. The statistics show that other 20% of the respondents are between 51-60 years old. It could be problematic to encourage them to follow additional training in the area of UE law which is new for them and they can consider it as not very useful for their job.

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Level of education Most of the respondents (75%) have master’s degree1. Additionally 2 out of 16 respondents (12,5%) have Ph.D.

Field of education Half of the respondents have legal background (8). It is very positive trend as legal studies serve as an excellent base for the legal approximation and transposition of EU acquis into national legal order. Additionally, 2 respondents have a degree in economics and 3 in social science. One person has a degree in administrative affairs next to his background in economics (Public Administration).

1 One person is still studying

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Work experience The length of the respondents’ service in public administration varies between 3 and 19 years with average of almost 11 years. It must be stressed that 10 out of 16 respondents work in public administration for at least 10 years. Respondents are on their current position in the public administration between 6 months and 18 years, with average of more than 7 years. 6 of them work in the current position for at least 10 years. Half of them (8 respondents) have been already partially involved in EU related tasks (e.g. transposition of EU acquis, monitoring of implementation of EU acquis). One additional person declared to be fully involved while 7 did not perform such a tasks at all. Only 5 of them participate or participated in some government working groups/committees while 11 of them do not have such experience. When it comes to working groups/committees at EU level almost none of them, namely 14 respondents, possess this kind of experience.,

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b) General training needs assessment

Foreign language knowledge The English language is the best known foreign language. 12 respondents out of 16 declared to possess the knowledge of English. Moreover, four respondents have replied that they speak German. One person declared to speak French, one Serbian and one Czech. No answers were given by 2 respondents and one person admitted that he/she does not speak any foreign language. Majority of the respondents (13 persons) indicated that they would need English language trainings. Most of them would like to have training at intermediate (7 persons) and advanced level (4 persons). 2 persons declared that they would need to attend English course for beginners. Only 2 respondents replied that they do not need language trainings at all. Certain number (3) expressed their desire to have trainings of German and French language at the beginner level.

Legal or EU related trainings 8 respondents (50 %) have participated before in EU legal approximation or EU-related trainings, however only very few persons declared to have sufficient knowledge regarding the EU institutions, EU legal approximation and legislative procedures. All other respondents indicated the need for further trainings in these areas.

TOPIC SUFFICIENT KNOWLEDGE

TRAINING NEEDED

ANSWER MISSING

1. Knowledge of legal methods and techniques of EU legal approximation

1 15 0

2. Knowledge of national policy making and legislative procedures in the context of EU legal harmonization

3 13 0

3. From your point of view, would you say that your knowledge about EU institutions and their responsibilities is sufficient?

0 16 0

4. From your point of view, would you say that your knowledge about EU acquis in Chapter 3 – right of establishment and freedom to provide services is sufficient?

0 16 0

5. From your point of view, would you say that your knowledge about law drafting methods is sufficient?

4 11 1

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c) Specific trainings needs assessment in the field of right of establishment and freedom to provide services

Previous participation in right of establishment and freedom to provide services related trainings Only 1 respondent declared previous participation in specific trainings on right of establishment and freedom to provide services. Almost all of them (14 persons)2 replied that they did not participate in such a trainings before.

Assessment of training needs in the field of right of establishment and freedom to provide services

TOPIC SUFFICIENT KNOWLEDGE

TRAINING NEEDED

NOT INTERESTED

ANSWER MISSING

1. Right of establishment – general principles (art. 49-55 TFEU) – introduction

0 14 1 1

1.1. Personal and material scope of the freedom: natural and legal persons, primary and secondary establishment

0 10 3 3

1.2. Prohibited restrictions – types of restrictions, discriminatory and non-discriminatory restrictions

0 8 6 2

1.3. Justifications for the restrictions – public policy, public security, public health, imperative requirements in the general interest

0 9 5 2

1.4. Article 51 TFEU: activities connected with the exercise of official authority

0 8 6 2

2. Freedom to provide services – general principles (art. 56-62 TFEU) - introduction

0 13 1 2

2.1 Personal scope of the freedom: natural and legal persons, service providers and recipients

23 11 1 (+2) 2

2.2. The concept of service: art. 57 TFEU, economic, temporary and trans-border character

0 7 6 3

2.3. Prohibited restrictions – types of restrictions, discriminatory and non-discriminatory restrictions

0 8 4 4

2.4. Justifications for the restrictions – public 0 6 5 5

2 One answer was missing

3 These two persons also marked not interested

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policy, public security, public health, imperative requirements in the general interest

2.5 Article 51 TFEU: activities connected with the exercise of official authority

0 8 4 4

3. Directive 2006/123/EC on services in the internal market - introduction

1 8 3 4

3.1. Scope of application and relation with other EU acts

1 8 4 3

3.2. Administrative simplification 1 6 4 5

3.3. Freedom of establishment: authorisations 1 8 4 3

3.4. Freedom of establishment: art. 14 and 15 1 11 1 3

3.5. Free movement of services: art. 16-18 1 12 1 2

3.6. Rights of recipients of services 1 11 1 3

3.7. Quality of services 1 13 1 1

3.8. Administrative cooperation 1 11 0 4

4. Directive 97/67/EC on common rules for the development of the internal market of Community postal services and the improvement of quality of service - introduction

24 4 4 6

4.1. Universal service 1 4 5 6

4.2. Authorization and access to the network 1 4 4 7

4.3. Tariff principles 1 6 5 4

4.4. Quality of services 1 6 5 4

4.5. National regulatory authority 1 5 4 6

5. Directive 2005/36/EC on the recognition of professional qualifications - introduction

0 12 1 3

5.1. General system of recognition of professional qualifications

0 12 1 3

5.2. Automatic recognition of professional qualifications and harmonisation of minimum training requirements

0 12 1 3

5.2.1. Doctors and dentists 0 4 7 5

5.2.2. Nurses and midwives 0 4 7 5

5.2.3 Pharmacists 0 4 7 5

5.2.4 Vets 0 4 7 5

5.2.5 Architects 0 6 5 5

5.3. Provision of services 0 8 3 5

6. Other topics (e-commerce, e-service, e-postal stamps)

4 Questionnaires from Regulatory Authority of Electronic and Postal Communication and Ministry of Economic

Development

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Assessment of training needs specific EU directives in the field of right of establishment and freedom to provide services TOPIC SUFFICIENT

KNOWLEDGE TRAINING NEEDED

NOT RELEVANT TO MY CURRENT JOB

ANSWER MISSING

1.

Council directive 74/556/EEC laying down detailed provisions concerning transitional measures relating to activities, trade in and distribution of toxic products and activities entailing the professional use of such products including activities of intermediaries

0 3 7 6

2. Council directive 74/557/EEC on the attainment of freedom of establishment and freedom to provide services in respect of activities of self- employed persons and of intermediaries engaging in the trade and distribution of toxic products

0 3 7 6

3. Council directive 86/653/EEC on the coordination of the laws of the Member States relating to self-employed commercial agents

0 2 7 7

4. Council directive 77/249/EEC to facilitate the effective exercise by lawyers of freedom to provide services

0 6 7 3

5. Directive 98/5/EC to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained

0 6 7 3

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d) ToT needs asseessment

Previous attendance of Training of Trainers programme In total 15 participants answered this part of questionnaire (1 answer was missing). Only 1 participant attended a ToT training before.

Possession of a Training of Trainers certificate None of the respondents stated that he/she is certified as trainer of trainers.

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Previous experience in delivering training to others From 16 respondents who answered this question, 7 of them indicated that they have previous trainers’ experience.

Interest in attending in a Training of Trainers programme Among 14 respondents replying to this question (2 answers were missing), 10 respondents stated that they are interested in participating in a training of trainers programme in the field of right of establishment and freedom to provide services.

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4. Conclusions and recommendations

On topics relating to the general principles and horizontal issues on right of establishment and freedom to provide services almost all, respectively 14 and 13 respondents, replied that they would need training on these topics. Even on some detailed points the answers varied majority of the group was interested in training. The same relates to directive 2006/123/EC on services in the internal market. Half of the respondents expressed their interest in a training (between 6 and 13 per specific topic). Only one person declared to have sufficient knowledge in this area. Based on the results of the training needs assessment, it can be concluded that the trainings on right of establishment and freedom to provide services are needed at the policy level, with particular focus on the general principles and horizontal issues of both topics, including directive on services in internal market. It must be kept in mind that another project concentrated on the aspects of right of establishment in the services directive5 and provided trainings in this respect. Moreover no gaps were identified in this area during the gap assessment. Taking this into account it is recommended to organise one day training on freedom to provide services (I) addressed to the policy level civil servants. The training should cover the topics listed in the table and should be addressed to all relevant institutions, in particular Ministry of Trade and Industry, Ministry of European Integration, Ministry of Education, Science and Technology, Ministry of Economic Development and other interested in this topic.

I. TRAINING ON FREEDOM TO PROVIDE SERVICES Number of 45 min lectures

Freedom to provide services – general principles (art. 56-62 TFEU) TOTAL: 4

Personal scope of the freedom: natural and legal persons, service providers and recipients, the concept of service: art. 57 TFEU, economic, temporary and trans-border character; differences between services and establishment

2

Prohibited restrictions – types of restrictions, discriminatory and non-discriminatory restrictions

1

Justifications for the restrictions – art. 52 TFEU: public policy, public security, public health, , article 51 TFEU: activities connected with the exercise of official authority; imperative requirements in the general interest

1

Directive 2006/123/EC on services in the internal market TOTAL: 4

Scope of application and relation with other EU acts 1

Free movement of services: art. 16-18 1,5

Rights of recipients of services 0,5

Administrative cooperation 1

TOTAL: 8

5 Project: Assistance for implementing the Stabilisation and Association Agreement – The EU Services Directive

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The second big topic in Chapter 3 is the issue of recognition of professional qualifications. The vast majority (12 respondents) replied that they would need training on these topic. Even if on some detailed points the answers varied, the majority of the group was interested in training. 12 respondents expressed their interest in general system of recognition of professional qualifications as well as automatic recognition of professional qualifications and harmonisation of minimum training requirements. 8 were interested in the issue of provision of services. As far as concrete sectoral professions are concerned even if there were between 4 and 6 respondents interested to follow the detailed training on these issues the big group (5 up to 7) stated declared not to be interested. In this regard, for many of them respondents the were not relevant for their current job description. Taking this into account it is recommended to organise two separate trainings. First training on horizontal aspects of recognition of professional qualifications addressed to the policy level civil servants and professional organisation (chambers). The training should cover the topics listed in the table and should be addressed to all relevant institutions, in particular Ministry of Education, Science and Technology (responsible for implementation of directive, Ministry of Health (profession of doctors, dentists, nurses, midwives, pharmacists), Ministry of Environment and Spatial Planning (profession of architect), Ministry of European Integration, ministry responsible for veterinarians, chamber of doctors, chamber of dentists, chamber of nurse and midwives, chamber of pharmacists, chamber of veterinarians, chamber of architects) other interested in this topic. The training will focus on the horizontal aspects of the system, including the main principles of the directive as such and jurisprudence of the Court of Justice,

II. TRAINING ON RECOGNITION OF PROFESSIONAL QUALIFICATIONS – HORIZONTAL ASPECTS

Number of 45 min lectures

Directive 2005/36/EC on the recognition of professional qualifications - introduction TOTAL: 8

Definition of regulated profession, transparency and mutual evaluation exercise 1

General system of recognition of professional qualifications 2

Automatic recognition of professional qualifications and harmonisation of minimum training requirements

2

Provision of services 1

Who is who in the system - obligations of national authorities 1

Practical examples of national implementation measures and best practices of MS 1

On the second day it is proposed to organise the separate training dedicated to specific professions. This part of training should be organized in smaller working groups where each participant would work on this part of the EU legal act regulating the area in his/her competence. The training should cover the topics listed in the table and should be addressed to the same relevant institutions except that the participants will be able to choose the exact topic that is of their competence.

III. TRAINING ON RECOGNITION OF PROFESSIONAL QUALIFICATIONS – SECTORAL ASPECTS

Number of 45 min lectures

Directive 2005/36/EC on the recognition of professional qualifications - introduction TOTAL: 8

Doctors and dentists 1

Nurses and midwives 1

Pharmacists 1

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Vets 1

Architects 1

Lawyers: Council directive 77/249/EEC to facilitate the effective exercise by lawyers of freedom to provide services and directive 98/5/EC to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained

3

It is recommended to organise the training as open to all civil servants in public administration and professional organizations responsible for transposition and enforcement of relevant EU directives into national legislation. As some of the respondents declared the willingness to attend the training for trainers at the end of each module it will be a possibility to receive a certificate of ToT (after passing the test). This approach will guarantee on one hand the group of attendance will be big enough , on other hand it will allow to transfer the knowledge across Kosovo in the future. In relation to the specific sectorial EU regulations and directives listed in questionnaire, responses vary, depending of the competences of the civil servants and institutions they are coming from. Following this result, it is very hard to propose a training meeting so different expectations. As far as the postal services are concerned based on the results of the training needs assessment, it can be concluded that the officials responsible for this file already possess the sufficient knowledge. However it could be useful to organise in the future a “specialised” workshop based on practical aspects of the directive on postal services.

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ANNEX: Questionnaire

Twinning Project KS 14 IPA OT 02 16

Support to Kosovo Institutions on SAA implementation

STAFF TRAINING AND DEVELOPMENT NEEDS SURVEY ON CHAPTER 3 –

RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES

prepared in implementation of Activity 2.1.2. of the twinning project

TRAINING NEEDS ASSESSMENT QUESTIONNAIRE - POLICY MAKING AND PRACTITIONERS LEVEL

Dear Respondent, This questionnaire is developed for the purpose of identifying need for training in the field of establishment and services at policy making and practitioner level. The assessment is done in the framework of Twinning project KS 14 IPA OT 02 16 “Support to Kosovo institutions on SAA implementation”, activity 2.1.2. General information consists of questions about the respondent. We would like to know who our respondents are in order to better understand their perspective, expectations and needs in terms of implementation of EU acquis in the area of establishment and services. The questionnaire includes questions related to your educational attainment, skills required for executing your job responsibilities, training/s received, training needed, etc., aiming to assist you in your personal and professional development. After completing the TNA Questionnaire, please deliver it by e-mail to the address: [email protected]. Your answers will be treated with confidentiality. You will need not more than 30 minutes to complete this questionnaire. The results of the assessment will be aggregated and analysed in a report which will be used to design the training plan and the training curricula for the respondents and to deliver training by the experts. DEADLINE:

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Instructions to fill in the questionnaire: Please fill in the questionnaire in English language. You

can fill it in electronically or by hand but then please write in CAPS. Please use the English

terminology to identify your institution, unit, position, etc.

General information

Name and Surname

E-mail

Phone

Age

Sex (male or female)

Level of education (please tick the box [X]) [ ] less than high school;

[ ] high school;

[ ] associate degree;

[ ] bachelor’s degree;

[ ] master’s degree;

[ ] Ph.D.

[ ] others (please specify)

Field of education (please tick the box [X]) [ ] administrative;

[ ]technical;

[ ] economical;

[ ] law;

[ ] humanities;

[ ] medicine;

[ ] social science;

[ ] other (please specify)

Institution

Unit

Position

Is your job description available (please tick the box

[X])

[ ] Yes

[ ] No

Are your main tasks sufficiently and clearly described

in job description (please tick the box [X])

[ ] Yes

[ ] No

Length of service in public administration (in years and

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months)

Length of service in the current position

Are you a member of any government Working

Group/Body/Committee (e.g. Executive Commissions)

(please tick the box [X])

[ ] Yes. Please, specify: …………………………………….....

[ ] No

Did you participate in any Working

Group/Body/Committee at EU level (please tick the

box [X])

[ ] Yes. Please, specify: ……………………………………….

[ ] No

GENERAL ASSESMENT OF SKILLS AND KNOWLEDGE

Foreign language knowledge on the level that allows

you to participate in trainings/meetings conducted in

that language (please tick the box [X])

[ ] English

[ ] French

[ ] German

[ ] other (please specify): ………………………………………

[ ] None

Do you need language training (please tick the box [X]) [ ] Yes, (please specify which language): ……………….

[ ] No

If yes, what level (please tick the box [X]) [ ] Beginners

[ ] Intermediary

[ ] Advanced

Did you participate in EU legal approximation or EU

related trainings before (please tick the box [X])

[ ] No [ ] Yes. Please specify: 1. Topic/ duration (training days):…………………………...... ………………………………………………………………………………….. …………………………………………………………………………………… 2. Topic/ duration (training days):…………………………...... ………………………………………………………………………………….. …………………………………………………………………………………… 3. Topic/ duration (training days):…………………………...... ………………………………………………………………………………….. ……………………………………………………………………………………

Knowledge of legal methods and techniques of EU

legal approximation

[ ] I have sufficient knowledge

[ ] I need training

Knowledge of national policy making and legislative [ ] I have sufficient knowledge

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procedures in the context of EU legal harmonization [ ] I need training

How much have you been involved in EU related tasks

so far (e.g. transposition of EU acquis, monitoring of

implementation of EU acquis)

[ ] not involved

[ ] partially involved. Please, specify: ………………………

[ ] involved. Please, specify: …………………………………..

From your point of view, would you say that your

knowledge about EU institutions and their

responsibilities is sufficient? (please tick the box [X])

[ ] I have sufficient knowledge

[ ] I need training

From your point of view, would you say that your

knowledge about EU acquis in Chapter 3 – right of

establishment and freedom to provide services is

sufficient? (please tick the box [X])

[ ] I have sufficient knowledge

[ ] I need training

From your point of view, would you say that your

knowledge about law drafting methods is sufficient?

(please tick the box [X])

[ ] I have sufficient knowledge

[ ] I need training

SPECIFIC TRAININGS NEEDS ASSESSEMENT IN THE FIELD OF FRESTABLISHMENT AND SERVICES

Did you participate in establishment and/or services

related trainings before (please tick the box [X])

[ ] No [ ] Yes. Please specify: 1. Topic/ duration (training days):…………………………...... ………………………………………………………………………………….. …………………………………………………………………………………… 2. Topic/ duration (training days):…………………………...... ………………………………………………………………………………….. …………………………………………………………………………………… 3. Topic/ duration (training days):…………………………...... ………………………………………………………………………………….. ……………………………………………………………………………………

What are your training needs on the following general and horizontal topics ? (please tick the box

[X]) 1. Right of establishment – general principles (art.

49-55 TFEU) – introduction. 1.1. Personal and material scope of the freedom:

[ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge

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natural and legal persons, primary and secondary establishment.

1.2. Prohibited restrictions – types of restrictions, discriminatory and non-discriminatory restrictions.

1.3. Justifications for the restrictions – public

policy, public security, public health, imperative requirements in the general interest.

1.4. Article 51 TFEU: activities connected with the exercise of official authority.

2. Freedom to provide services – general principles

(art. 56-62 TFEU) - introduction.

2.1. Personal scope of the freedom: natural and

legal persons, service providers and recipients.

2.2. The concept of service: art. 57 TFEU,

economic, temporary and trans-border

character.

2.3. Prohibited restrictions – types of restrictions,

discriminatory and non-discriminatory

restrictions.

2.4. Justifications for the restrictions – public

policy, public security, public health,

imperative requirements in the general

interest.

2.5. Article 51 TFEU: activities connected with the

exercise of official authority.

[ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested

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3. Directive 2006/123/EC on services in the internal

market - introduction.

3.1. Scope of application and relation with other EU acts.

3.2. Administrative simplification.

3.3. Freedom of establishment: authorisations.

3.4. Freedom of establishment: art. 14 and 15.

3.5. Free movement of services: art. 16-18.

3.6. Rights of recipients of services.

3.7. Quality of services.

3.8. Administrative cooperation.

4. Directive 97/67/EC on common rules for the

development of the internal market of Community

postal services and the improvement of quality of

service - introduction.

[ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested

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4.1. Universal service.

4.2. Authorization and access to the network.

4.3. Tariff principles.

4.4. Quality of services.

4.5. National regulatory authority.

5. Directive 2005/36/EC on the recognition of professional qualifications - introduction. 5.1. General system of recognition of professional

qualifications.

5.2. Automatic recognition of professional

qualifications and harmonisation of minimum

training requirements.

5.2.1. Doctors and dentists

5.2.2. Nurses and midwives

[ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge

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5.2.3. Pharmacists

5.2.4. Vets

5.2.5. Architects

5.3. Provision of services.

6. Other topics (please specify)

[ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested [ ] I have sufficient knowledge [ ] I need training [ ] not interested Please specify: …………………………………………………………

From your point of view, which specific EU acquis in the field of establishment and services should form a part of training curricula? (please tick the box [X])

1. Council Directive 74/556/EEC laying down detailed

provisions concerning transitional measures relating to activities, trade in and distribution of toxic products and activities entailing the professional use of such products including activities of intermediaries.

2. Council Directive 74/557/EEC on the attainment of freedom of establishment and freedom to provide services in respect of activities of self- employed persons and of intermediaries engaging in the trade and distribution of toxic products.

3. Council Directive 86/653/EEC on the coordination of the laws of the Member States relating to self-

[ ] I have sufficient knowledge [ ] I need training [ ] not relevant to my current job description [ ] I have sufficient knowledge [ ] I need training [ ] not relevant to my current job description [ ] I have sufficient knowledge [ ] I need training

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employed commercial agents.

4. Council Directive 77/249/EEC to facilitate the effective exercise by lawyers of freedom to provide services.

5. Directive 98/5/EC to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained.

[ ] not relevant to my current job description [ ] I have sufficient knowledge [ ] I need training [ ] not relevant to my current job description [ ] I have sufficient knowledge [ ] I need training [ ] not relevant to my current job description

TRAINING OF TRAINERS (ToT) NEEDS ASSESSEMENT

Have you attended a ToT Training in the past? [ ] No [ ] Yes. Please specify: 1. Topic/ duration (training days):…………………………...... ………………………………………………………………………………….. …………………………………………………………………………………… 2. Topic/ duration (training days):…………………………...... ………………………………………………………………………………….. …………………………………………………………………………………… 3. Topic/ duration (training days):…………………………...... ………………………………………………………………………………….. ……………………………………………………………………………………

Please specify whether you are certified as trainer [ ] No [ ] Yes. Please specify the topics of trainings: 1. Topic: …………………………...... ………………………………………………………………………………….. …………………………………………………………………………………… 2. Topic: …………………………...... ………………………………………………………………………………….. …………………………………………………………………………………… 3. Topic: …………………………...... ………………………………………………………………………………….. ……………………………………………………………………………………

Do you have any experience in delivery of

training/workshops/presentations?

[ ] No [ ] Yes. Please specify the topics: 1. Topic: …………………………...... ………………………………………………………………………………….. …………………………………………………………………………………… 2. Topic: …………………………......

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………………………………………………………………………………….. …………………………………………………………………………………… 3. Topic: …………………………...... ………………………………………………………………………………….. ……………………………………………………………………………………

Please indicate whether you are interested in being

involved in a ToT programme(s) in the field of right of

establishment and freedom to provide services

[ ] Yes [ ] No

Date: ______________________ Signature: ___________________________


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