Legal regime of professional associations: notes on the Preliminary Draft Law on the subject of the Community of Madrid

Abstract

After almost thirty years, the Community of Madrid has decided to process a new Draft Law on Professional Associations to replace the current Law 19/1997, of 11 July. This proposed regulation takes into account Law 2/1974, of 13 February, on Professional Associations, which contains the basic legislation of the State, as well as the constitutional jurisprudence on the matter. The latter has been determining the characteristics of the professional associations, as well as the distribution of competences between the State and the Communities in the matter, having declared that it is the responsibility of the former to determine by law the professions of compulsory membership. The Draft Law of the Community of Madrid deserves a general favourable assessment, although it does not adequately regulate some issues relevant to the registered professions, such as civil liability insurance for professional activity and the prosecution of intrusion. These issues are considered directly related to the protection of the rights of users of the services of professional associations, considered as an essential purpose of the Associations.