Cap. 612 · Proportionality Test Before Adoption Of (Cap. 612)
Cap. 612 Art. 5Justification on grounds of public interest objectives.
(1) The Ministry responsible for a regulated profession shall ensure that the legislative, regulatory or administrative provisions restricting access to, or the pursuit of, the said regulated profession, that are intended to be introduced and that the amendments that are intended to be made to existing provisions are justified by public interest objectives.
(2) The Ministry responsible for the regulated profession shall consider in particular whether the provisions referred to in sub-article
(1) are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system; the protection of consumers, of recipients of services and of workers; the safeguarding of the proper administration of justice; ensuring the fairness of trade transactions; the combating of fraud and the prevention of tax evasion and avoidance, and the safeguarding of the effectiveness of fiscal supervision; transport safety; the protection of the environment and the urban environment; the health of animals; intellectual property; the safeguarding and conservation of the national historic and artistic heritage; social policy objectives; and cultural policy objectives.
(3) Grounds of a purely economic nature or purely administrative reasons shall not constitute overriding reasons in the public interest, justifying a restriction on access to, or the pursuit of, a regulated profession.