Die EU-Kommission hat Luxemburg darauf hingewiesen, dass der unabhängige Zugang von Hebammen behindert werde.

Die Liste der Tätigkeiten, die nach der EU-Direktive von einer Hebamme ausgeübt werden dürfe, ohne Überwachung durch einen Arzt, werde in Luxemburg nicht eingehalten. Die Untersuchung schwangerer Frauen bliebe dadurch ausschließlich Ärzten vorbehalten.

Luxembourg – activities of midwives

The Commission has decided to send the Grand-Duchy of Luxembourg a reasoned opinion regarding its failure to respect the activities to which midwives should have independent access, i.e. without supervision by a doctor. Directive 80/155/EEC concerning the coordination of provisions laid down by Law, Regulation or Administrative Action relating to the taking up and pursuit of the activities of midwives contains the list of activities to which midwives should have access.

Luxembourg legislation reserves exclusively to doctors the undertaking of certain examinations of pregnant women, which according to this Directive, it should also be possible for midwives to carry out. The Commission considers that this restriction on their activities constitutes a major obstacle to midwives in other Member States who wish to exercise their profession in Luxembourg, making use of the rights of the free movement of workers, of establishment or of the freedom to provide services granted by Articles 39, 43 and 49 of the EC Treaty and largely voids of meaning Directive 80/154/EEC on the mutual recognition of midwifery diplomas. In addition, the fact that certain complementary examinations may be carried out by midwives without conferring the right to a pregnancy allowance also partially nullifies this Directive in that it encourages patients to see a doctor.

The Commission does not consider the response of the Luxembourg authorities to its letter of formal notice satisfactory and it has received no reply to its follow-up letter.