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Professional Associations (Regulation)
Introduction
A professional association or official association is a professional or trade association made up of those who practice a liberal profession and who are usually recognized or controlled by the State (public law corporation) and national or state regulations. Its associate members are known as collegiate. Those who are dedicated to manual or artisanal activities form similar organizations, known as guilds.[1].
Objectives and characteristics
The objectives of professional associations are usually:[1].
These statutes, written in the majority of professional associations, refer to the development of the activity corresponding to each profession, where guidelines for action are established that are unanimously considered ethical and that contribute to the social good of the profession.
Professional associations in the world
Latin America
Previously in Latin America, professional tuition was strongly positioned in society, each country is a different case:
For this reason, a system of interprofessional councils has been created in each country, such as the Dominican Interprofessional Council (CID) in the Dominican Republic. This council was established in 2012 and ratified in 2013, forming part of the World Organization of Interprofessional Councils (OMCI). Its constitution is supported by Resolution Res.113(I) 2013 of the Dominican Engineering and Consulting Association (Asicdom), and it is expected that other countries will follow its example by signing their accession.
Europe
In Europe, its implementation is preferentially in Mediterranean countries. Where they are most strong is in France, Spain, Italy and Portugal. Institutions of the same nature exist in the United Kingdom and the Anglo-Saxon countries, created by Royal Decree or Charter (royal charter) to organize the exercise of professions.
Professional Associations (Regulation)
Introduction
A professional association or official association is a professional or trade association made up of those who practice a liberal profession and who are usually recognized or controlled by the State (public law corporation) and national or state regulations. Its associate members are known as collegiate. Those who are dedicated to manual or artisanal activities form similar organizations, known as guilds.[1].
Objectives and characteristics
The objectives of professional associations are usually:[1].
These statutes, written in the majority of professional associations, refer to the development of the activity corresponding to each profession, where guidelines for action are established that are unanimously considered ethical and that contribute to the social good of the profession.
Professional associations in the world
Latin America
Previously in Latin America, professional tuition was strongly positioned in society, each country is a different case:
For this reason, a system of interprofessional councils has been created in each country, such as the Dominican Interprofessional Council (CID) in the Dominican Republic. This council was established in 2012 and ratified in 2013, forming part of the World Organization of Interprofessional Councils (OMCI). Its constitution is supported by Resolution Res.113(I) 2013 of the Dominican Engineering and Consulting Association (Asicdom), and it is expected that other countries will follow its example by signing their accession.
Europe
A Royal Charter in the United Kingdom is a formal grant issued by a monarch under royal prerogative such as letters patent. Historically, they have been used to enact public laws, the most famous example being the English Magna Carta (great charter) of 1215, but since the century they have only been used in place of private acts to grant a right or power to an individual or a corporate entity. They were, and still are, used to establish important organizations such as districts (with municipal charters), universities and scientific societies.
Guilds were among the first organizations registered as recipients of Royal Charters. The Privy Council list mentions the Saddlers Company in 1272 as the oldest, followed by the Merchant Taylors Company in 1326 and the Skinners Company in 1327. The Saddlers Company's first charter gave them authority over the saddler trade; it was not until 1395 that they received a charter of incorporation.[2] The Merchant Taylors were similarly incorporated by a later charter in 1408.[3].
At the beginning of the century, new professional bodies were formed in Britain to represent the new professions that emerged after the industrial revolution and the rise of "laissez-faire" capitalism. These new bodies sought recognition by obtaining royal charters, drafting their constitutions, and defining the profession in question, often based on occupational activity or a particular specialization. To their various corporate objectives, these bodies added the concept of working in the public interest, which was not found in previous professional bodies. This set a model for British professional bodies, and "public interest" has become a key test for a body seeking a royal charter.[4].
In Germany this function is carried out by the Chambers, such as the Ingenieurkammer, Chamber of Engineers or the Notarkammer, Chamber of Notaries.
An Ingenieurkammer is a professional association of engineers, which is generally organized under the legal form of a public law corporation. Engineering chambers comprehensively represent the interests of engineers, usually also perform self-administrative tasks and offer services to their members and the general public. The admission requirement is usually the right to use the title of engineer. The area of responsibility varies from general engineering chambers for all disciplines to specialized chambers for civil engineers; There are also mixed chambers for engineers and architects.
A Notarkammer is a corporation or association in which notaries are organized and/or which represents their interests. It is a professional camera. In the Federal Republic of Germany, notarial associations are organized as public law corporations, to which notaries residing within the area of the notarial association belong by law. In Germany there are a total of 21 notary associations, each of which is responsible for a specific area, usually a federal state or lander. At the national level, there are approximately 7,150 notaries organized in notarial chambers.[5] All regional notarial chambers are in turn members of the Federal Notarial Chamber, which is also a public law corporation.
In some of the professions regulated through the Kammer there is a legal obligation to reach the rank of Meister (Master) to run a facility or company in the field.
The Spanish Constitution protects the creation of professional associations in two of its articles. Article 36 says:
On the other hand, article 26 establishes that:
The Law of Professional Associations in its first article recognizes the Associations as "Public Law Corporations, with their own legal personality and full capacity to fulfill their purposes." The essential purposes of these Colleges, according to the aforementioned Law, are "the organization of the exercise of the professions, the exclusive representation of the same and the defense of the professional interests of the members."
Regarding the functions that the law entrusts to the Associations, the one provided for in section i) of the fifth article is especially noteworthy, where it is literally stated that it is up to the Associations to "order within the scope of their competence the professional activity of the members, ensuring professional ethics and dignity and due respect for the rights of individuals and exercising disciplinary power in the professional and collegiate order."
Therefore, professional associations in Spain play a triple role:
It is estimated that in Spain there are close to a million and a half registered professionals. They represent just over 6% of direct employment and 8.8% of indirect employment. Their impact on GDP is 8.8% and they provide a gross added value (GVA) of 10%.[6].
Professional duties: Ensure and defend the prestige of the profession and exercise it in accordance with the provisions of the code of ethics.
The Colleges of technical professions (mainly engineering and architecture) focus on the professional work of their members. The visa is an act of technical control of certain works that is usually delegated by the Administration through regulations.
The purpose of the visa is to verify, at least:
The current trend is that the visa must also guarantee, in addition to the above, that certain technical requirements are met and therefore constitutes a quality control mechanism for professional work.
Fundamentally and in accordance with Law 25/2009, the visa is a protection for society and consumers in terms of civil liability") arising from professional malpractice "In the case of damage derived from professional work that has been endorsed by the College, for which the author of the same is responsible, the College will be subsidiarily liable for damages that have their origin in defects that should have been revealed by the College when approving the professional work, and that are directly related to the elements that have been endorsed in that job".[7].
Criticisms of professional associations
From the professionals themselves, schools are criticized for sometimes being expensive institutions and mandatory membership for anyone who wants to practice certain professions. The associations respond by saying that membership in a professional association allows for control and monitoring that could not otherwise occur, but their opponents claim that most professions lack mandatory membership, their work being supervised by the state in a much less burdensome way for them. Or there are even professions that do not have a professional association, or cannot even have one, and their work is regulated in the aspects deemed necessary by the state. Furthermore, its detractors defend, it creates privileges for some professions (even when they are not regulated, but may have colleges) of higher education, university, compared to other professions also of higher education, higher-level vocational training, which through the title granted declares its holder as a superior technician in the profession for which it is granted.
On the other hand, many describe the quotas as an entry barrier for new graduates to join professional practice. Although there are schools that establish reduced fees for recent graduates, others require those who enter to pay more than a thousand euros before having any income. In addition, some associations, such as that of pharmacists, have been accused of defending the interests of pharmacy owners, above those of non-owner pharmacists.
The visa has also been and is the subject of criticism. Its defenders claim that it is an act of delegated control by the Administration that prevents intrusion and reinforces the quality of the work of architects and engineers. But their opponents maintain that the university itself is already in charge of certifying that the professional is qualified, while the state is the one that controls that the legal procedures are complied with. In this way, the visa would become an unnecessary procedure, which would only serve to finance these schools. In this sense, they assure that the fact that a group of individuals impose rules and quotas on certain professions is reminiscent of medieval guilds, which used the same arguments to defend their existence as those used by professional associations today.
Since the repeal by the 2012 Omnibus Law of the mandatory visa in engineering and architecture, there has been an exponential increase in falsifications in projects, actions of disqualified professionals and people who pose as qualified professionals lacking said titles, the administration by not carrying out effective control especially in the private sphere and trusting everything to the responsible declaration leaves it in the hands of these irresponsible people, who are only detected when problems arise.
Aspects related to the setting of fees or advertising are also often recurring in criticism of professional associations. However, it must be said that since 1997 the professional fees have been indicative. The professional is free when establishing his fees. The professional who mentions the concept of minimum fee of his professional association is scamming. The indicative fee scales serve as a guide for the user (who wants to hire a professional service and lacks information on estimated costs) or for the courts of law (expertise). Through these indicative fees, the professional association also manages to avoid abuses.
References
[1] ↑ a b Oviedo Sotelo, Daniel (2018). Ética Profesional y Social. Asunción: Arandurayhu. ISBN 978 99967 0 342 3.
In Europe, its implementation is preferentially in Mediterranean countries. Where they are most strong is in France, Spain, Italy and Portugal. Institutions of the same nature exist in the United Kingdom and the Anglo-Saxon countries, created by Royal Decree or Charter (royal charter) to organize the exercise of professions.
A Royal Charter in the United Kingdom is a formal grant issued by a monarch under royal prerogative such as letters patent. Historically, they have been used to enact public laws, the most famous example being the English Magna Carta (great charter) of 1215, but since the century they have only been used in place of private acts to grant a right or power to an individual or a corporate entity. They were, and still are, used to establish important organizations such as districts (with municipal charters), universities and scientific societies.
Guilds were among the first organizations registered as recipients of Royal Charters. The Privy Council list mentions the Saddlers Company in 1272 as the oldest, followed by the Merchant Taylors Company in 1326 and the Skinners Company in 1327. The Saddlers Company's first charter gave them authority over the saddler trade; it was not until 1395 that they received a charter of incorporation.[2] The Merchant Taylors were similarly incorporated by a later charter in 1408.[3].
At the beginning of the century, new professional bodies were formed in Britain to represent the new professions that emerged after the industrial revolution and the rise of "laissez-faire" capitalism. These new bodies sought recognition by obtaining royal charters, drafting their constitutions, and defining the profession in question, often based on occupational activity or a particular specialization. To their various corporate objectives, these bodies added the concept of working in the public interest, which was not found in previous professional bodies. This set a model for British professional bodies, and "public interest" has become a key test for a body seeking a royal charter.[4].
In Germany this function is carried out by the Chambers, such as the Ingenieurkammer, Chamber of Engineers or the Notarkammer, Chamber of Notaries.
An Ingenieurkammer is a professional association of engineers, which is generally organized under the legal form of a public law corporation. Engineering chambers comprehensively represent the interests of engineers, usually also perform self-administrative tasks and offer services to their members and the general public. The admission requirement is usually the right to use the title of engineer. The area of responsibility varies from general engineering chambers for all disciplines to specialized chambers for civil engineers; There are also mixed chambers for engineers and architects.
A Notarkammer is a corporation or association in which notaries are organized and/or which represents their interests. It is a professional camera. In the Federal Republic of Germany, notarial associations are organized as public law corporations, to which notaries residing within the area of the notarial association belong by law. In Germany there are a total of 21 notary associations, each of which is responsible for a specific area, usually a federal state or lander. At the national level, there are approximately 7,150 notaries organized in notarial chambers.[5] All regional notarial chambers are in turn members of the Federal Notarial Chamber, which is also a public law corporation.
In some of the professions regulated through the Kammer there is a legal obligation to reach the rank of Meister (Master) to run a facility or company in the field.
The Spanish Constitution protects the creation of professional associations in two of its articles. Article 36 says:
On the other hand, article 26 establishes that:
The Law of Professional Associations in its first article recognizes the Associations as "Public Law Corporations, with their own legal personality and full capacity to fulfill their purposes." The essential purposes of these Colleges, according to the aforementioned Law, are "the organization of the exercise of the professions, the exclusive representation of the same and the defense of the professional interests of the members."
Regarding the functions that the law entrusts to the Associations, the one provided for in section i) of the fifth article is especially noteworthy, where it is literally stated that it is up to the Associations to "order within the scope of their competence the professional activity of the members, ensuring professional ethics and dignity and due respect for the rights of individuals and exercising disciplinary power in the professional and collegiate order."
Therefore, professional associations in Spain play a triple role:
It is estimated that in Spain there are close to a million and a half registered professionals. They represent just over 6% of direct employment and 8.8% of indirect employment. Their impact on GDP is 8.8% and they provide a gross added value (GVA) of 10%.[6].
Professional duties: Ensure and defend the prestige of the profession and exercise it in accordance with the provisions of the code of ethics.
The Colleges of technical professions (mainly engineering and architecture) focus on the professional work of their members. The visa is an act of technical control of certain works that is usually delegated by the Administration through regulations.
The purpose of the visa is to verify, at least:
The current trend is that the visa must also guarantee, in addition to the above, that certain technical requirements are met and therefore constitutes a quality control mechanism for professional work.
Fundamentally and in accordance with Law 25/2009, the visa is a protection for society and consumers in terms of civil liability") arising from professional malpractice "In the case of damage derived from professional work that has been endorsed by the College, for which the author of the same is responsible, the College will be subsidiarily liable for damages that have their origin in defects that should have been revealed by the College when approving the professional work, and that are directly related to the elements that have been endorsed in that job".[7].
Criticisms of professional associations
From the professionals themselves, schools are criticized for sometimes being expensive institutions and mandatory membership for anyone who wants to practice certain professions. The associations respond by saying that membership in a professional association allows for control and monitoring that could not otherwise occur, but their opponents claim that most professions lack mandatory membership, their work being supervised by the state in a much less burdensome way for them. Or there are even professions that do not have a professional association, or cannot even have one, and their work is regulated in the aspects deemed necessary by the state. Furthermore, its detractors defend, it creates privileges for some professions (even when they are not regulated, but may have colleges) of higher education, university, compared to other professions also of higher education, higher-level vocational training, which through the title granted declares its holder as a superior technician in the profession for which it is granted.
On the other hand, many describe the quotas as an entry barrier for new graduates to join professional practice. Although there are schools that establish reduced fees for recent graduates, others require those who enter to pay more than a thousand euros before having any income. In addition, some associations, such as that of pharmacists, have been accused of defending the interests of pharmacy owners, above those of non-owner pharmacists.
The visa has also been and is the subject of criticism. Its defenders claim that it is an act of delegated control by the Administration that prevents intrusion and reinforces the quality of the work of architects and engineers. But their opponents maintain that the university itself is already in charge of certifying that the professional is qualified, while the state is the one that controls that the legal procedures are complied with. In this way, the visa would become an unnecessary procedure, which would only serve to finance these schools. In this sense, they assure that the fact that a group of individuals impose rules and quotas on certain professions is reminiscent of medieval guilds, which used the same arguments to defend their existence as those used by professional associations today.
Since the repeal by the 2012 Omnibus Law of the mandatory visa in engineering and architecture, there has been an exponential increase in falsifications in projects, actions of disqualified professionals and people who pose as qualified professionals lacking said titles, the administration by not carrying out effective control especially in the private sphere and trusting everything to the responsible declaration leaves it in the hands of these irresponsible people, who are only detected when problems arise.
Aspects related to the setting of fees or advertising are also often recurring in criticism of professional associations. However, it must be said that since 1997 the professional fees have been indicative. The professional is free when establishing his fees. The professional who mentions the concept of minimum fee of his professional association is scamming. The indicative fee scales serve as a guide for the user (who wants to hire a professional service and lacks information on estimated costs) or for the courts of law (expertise). Through these indicative fees, the professional association also manages to avoid abuses.
References
[1] ↑ a b Oviedo Sotelo, Daniel (2018). Ética Profesional y Social. Asunción: Arandurayhu. ISBN 978 99967 0 342 3.