Home > Legal > THE LAW (PEOPLE VS. JUNGLE)

THE LAW (PEOPLE VS. JUNGLE)

Added: (Sat Feb 23 2019)

Pressbox (Press Release) - How do the new architects and engineers work in countries within the EU?
According to the new PQD (2013/55/EU) in force on January 17, 2014 those seeking automatic recognition for the purposes of registration in another Member State must have completed an architectural training involving five years of university level and zero years of training ("5 + 0") or no less than four years of study completed with a professionally supervised practice of at least 2 years ("4 + 2"). However, the Council of Architects of Europe (ACE) has requested that, after studies, all new architects should follow a training course of 1-2 years (for a fee) with a professional exercising the profession thus creating a European standard.For more information, please refer to article 46 of the European directive on professional qualifications of 2005, which stipulates the way in which a recent graduate architect is authorised to practise the profession.For more information, visit https://ec.europa.eu/docsroom/
To what order should an EU architect be written to practice?
According to data presented by the Architects' Council of Europe (ACE), France, Denmark, Norway, Sweden are free trades and do not have legally binding orders.
Germany has a shareholder system where professionals are registered on a personal basis, but they can practice without registering
The United Kingdom applies an optional professional register, but can also exercise the profession without registering.
Spain has a private entity, where everyone can register voluntarily, but they can practice without even registering. And the list continues with all EU states
The only states that have built by law the orders of the professional architects are Portugal and Italy.
For more information, please visit: http://www.ace-cae.eu http://www.enaca.eu http://ec.europa.eu/groth/tools-databases/regprof/index.cfm
But what has the European Commission established for professional orders?
The architecture was one of the professions covered by the European Commission's mutual assessment of article 59 of the CQD (2005/36/EC). The architects were one of the professions designated directly in the exercise of mutual evaluation carried out in accordance with article 59 (3) of Directive 2005/36/EC in 2014. Member States have been asked to respond to the process of mutual evaluation with the production of national action plans (NAPs), which seeks to address the way in which Member States will improve their regulatory systems. The Commission initiated a consultation and after evaluating the national action plans (NAPs) in the preamble to the Questions section on page 2, the Commission suggests that the order on professionals is likely to have negative consequences not only for economy, but also for consumers, and therefore recommend to countries that apply a binding legal order to act in compliance with the recommendations presented (Italy and Portugal)
For more information, visit: http://www.ace-cae.eu
https://ec.europa.eu/docsroom/documents/15384/attachments/11/translations/en/renditions/pdf

But let us analyse some of the articles of the law of the professional order of architects in Albania and why the European Commission recommends withdrawing.
Article 18
The UPA (Professional Order of Architects) will determine the different levels of qualification of its registered members, corresponding to the levels of authority for the exercise of professional activity, and is in line with the applicable regulatory framework (System of Licenses)....
To practise the profession of architect, registration must be done in the register of professional architects.
Pursuant to article 46 of Directive 2005 on the professional qualifications of the EU, the right to practise a profession without a category limitation is clearly defined, article 59 (3) of Directive 2005/36/EC prohibits the application Legal requirement of a profession.
Article 22
1. An UPA member shall communicate to the customer at the time of acceptance of the duty the limit of the insurance policy for professional liability in accordance with the legal acts in force.
2. Professional liability insurance should be compulsory for all those who are self-employed, as well as for those who provide training exclusively outside the university, paid by third parties.
Let's take a simple example: to design an object of 250 m2 (cottage) The cost according to the law of construction 300/m2 goes to 75 000 . To provide the customer, the architect under the Offer Security Act should have 10% of the value. In practice 7500, in the impossibility that an individual (not the companies as they have the privileges exempted from the law) must turn to an insurance agency, which should provide this offer against behind a payment. So in a short word, you have to pay someone else to garanty professional skills even if you're done studying and you have a license. But to design a residential building that insurance should make an architect???
Article 23
1. The professional to ensure the quality and efficiency of professional service in the best interests of the user and the community and to achieve the purpose of professional development is required to take care of the constant updating of the skills Professional with the provisions of this periodic article extended, consisting in participating in:
-training courses, written articles, participation in the drafting of field laws, introduction of new technologies, design of curricula of state studies or faculty of architecture in the field of vocational education, participation and reference to conferences and seminars dealing with topics directly or indirectly related to the relevant field.
-Professionals who have not completed the credits within the deadline set in the regulation are subject to an updated knowledge test organised by the National Council of UPA.
According to this article, even if you have completed your studies, you have completed a training period and you have a license if you do not participate in conferences, you will be deprived of the right to practise the profession. According to Law no 7895, dated 27.1.1995, the revocation of the right to practise a profession is done only by a final judicial decision. According to the law, all persons holding a degree or a scientific qualification must attend conferences.
This law reminds me of Aesop's fable:
The wolves complain to the Lion King because they did not hunt and they were threatened to starve to death.
Listening to these complaints, the lion was deeply affected by this injustice, which was happening to the wolves and ordered the fox to train the wolves by installing new traps, while the hyenas from the earth and the vulture from the air follow where they hide the animals and then they alert the wolves.
The fox a little frightened and surprised by this order asks leo: Majesty: How will the other animals react when they feel it.
Lion without shaking a single hair responds to fox: Here we are in the jungle and the laws is mine.
Who is interested this law, you understand perfectly.

Submitted by:
Disclaimer: Pressbox disclaims any inaccuracies in the content contained in these releases. If you would like a release removed please send an email to remove@pressbox.com together with the url of the release.