COVID-19 und Reglementierung von Berufen – gibt es auch Lichtblicke?

The Covid-19 crisis has had a severe impact on society and the economy. Some countries reacted with regulatory relaxations to cope with the crisis and digitisation of services provided possibilities to maintain service activities during the general lockdown measures. It became even more apparent that regulating access to and exercise of professional activities can have negative effects on adaptability of businesses and development of new and innovative business models. The recent adoption of an EU directive on a proportionality test, obliging Member States to carry out a thorough assessment of the effects of regulation before its adoption, provides guidance and a toolbox to ensure monitoring and adaptation of regulatory frameworks in view of developments such as those we have witnessed very recently. Regulatory trends in Member States and in particular in Germany go in opposite directions: While tightening of access requirements in craft professions, the German government considers significant reforms in legal services. In particular as regards the tightening of restrictions, it is expected that the EU directive on a proportionality test will lead to more sound and fact-based regulatory decisions.