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OPINION 08/2007 on the Draft Royal Decree implementing in Spanish law Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, amended by Directive 2006/100/EC of the Council of 20 November 2006 The Council?s opinion welcomes the boost given to the process of harmonizing provisions concerning the mutual recognition of professional qualifications and experience that is represented by the implementation in Spanish law of Directive 2005/36/EC.It notes that the Council recognizes the need to accomplish the aim of creating a European space for continuing learning in which citizens may take the opportunity to study or work in any part of the EU according to their abilities rather than to the place where those abilities were acquired.The Council points out, however, that it would have been preferable for the text to have been drawn up with greater clarity and for some key aspects in its application to have been developed or specified. By way of example it notes that the bill?s scope as regards who it applies to needs greater specification.In the Council?s opinion, the effective realization of an open internal market and the removal of obstacles to the free provision of services and free establishment should not be detrimental to guarantees of professionalism and of the quality of services provided. The opinion expresses concern as to the risk that the interests of the community at large, such as health or public security, might be affected in a system for the provision of services such as that envisaged, in which the requirements are considerably simplified.As to the content of the bill?s memorandum on gender, the Council approves the intention of using non-sexist language in the text, but notes that even so some highly feminized terms have crept into it, such as ?matrona? (midwife), which continues to be used in the feminine despite the existence of more neutral alternatives.

Though the Council welcomes the intention of drawing up a corpus of company law by means of its consoledation in a single text, it points to the need to endow this area of law with stability so as to guarantee the necessary security and predictability. And it considers that it would have been more natural to undertake a reform of such scope in the framework of the codification of company law.It also highlights the importance of simplifying the business environment in the fields of company law, among others, pointed to by European institutions, so as to boost the European economy. It further says that the new law should guarantee the proper development of business activity. Likewise the opinion notes that, given the Spanish business structure, characterized by a predominance of small and midsize firms, the reform should give attention to the reality and needs of this business fabric, albeit without excluding specific provisions catering for the reality of large companies. The opinion moreover deems that the legal framework for structural modifications in companies does not give suitable consideration to the information and consultation rights of employee representatives.

The ESC understands that the measures contained in the bill are presented in isolation and are not linked to a global support framework for families, which prioritises the need to overcome the present lack of services, equipment and infrastructure for childcare support. It notes that, despite the fact that a considerable effort has been made in the education of children between three and six years of age, there remains a significant lack of support infrastructure in childcare for those under three years of age, an area in which Spain finds itself some way from reaching the targets set at the Barcelona Summit; for 2010. The target figure is 33% schooling for this first stage of child education. The opinion recommends that the government should prepare a White Paper on the protection of families in Spain, setting out a diagnosis of the present situation and evaluating measures and available mechanisms to detect the shortfalls and the means to solve them, all from a comparative perspective.Likewise, it raises the need to engage a broad and composed social debate, held in a context of the greatest possible participation, with the focus and characteristics that an integrated national policy should bring together for supporting families to tackle all possible dimensions, situations and actions.

Taking into consideration the interests of the civil society, the ESC reiterates the issue of the necessity of reaching civil and political consensus on fundamental issues of the pension reform in Bulgaria. By its opinion on the issues of the pension reform the Council presented its consolidated position both on the main challenges of the reform and in regard to the definite proposals for future solutions. In a number of opinions related to demographic issues and challenges, incomes policy and other, the Council expressed its concern regarding the forming consequences of the demographic development and income policy and their reflection on the insured persons and income of the elders.

The issues of health insurance of population and children in particular are one of the main issues in the activity of the Economic and Social Council (ESC). The Council advocates the right to equal opportunities for access to quality health services and medical service of all citizens of society. The problem of providing such quality services is especially serious when we talk about the health of children. In its work so far the Council has stressed over and over again the need for a focused state policy for protecting the rights of children and the need for undertaking specific measures in that direction.