The author presents the proposal of a draft statute that is currently being discussed in the Federal Senate and aims to regulate the psychoanalyst’s profession and argues that it is only by facing the experience of his/her own unconscious that a candidate to psychoanalyst becomes capable of a listening that can be qualified as psychoanalytic. The psychoanalytic act can not be transmitted; it is always a singular creation that is linked more to ethics than technique. Without the integration of personal analysis, theoretical studies and a good supervision of the technique, there are no processes of analytic formation.