# CE2004065EN.01021301.xml

| 13.3.2004 | EN | Official Journal of the European Union | CE 65/213 |
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13.3.2004

EN

Official Journal of the European Union

CE 65/213

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(2004/C 65 E/229)

WRITTEN QUESTION E-2763/03

by Erik Meijer (GUE/NGL) to the Commission

(16 September 2003)

Subject:   Invalidity of foreign teaching qualifications in France due to the unaltered practice of recruitment on the basis of a French examination

Subject:

| 1. | Can the Commission confirm that the French Ministry of Education takes the view that, despite the equivalence of qualifications provided for by EU law, French legislation still makes it impossible for foreigners to enter the employment of the State unless they hold a qualification obtained by means of a French examination? |
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1.

Can the Commission confirm that the French Ministry of Education takes the view that, despite the equivalence of qualifications provided for by EU law, French legislation still makes it impossible for foreigners to enter the employment of the State unless they hold a qualification obtained by means of a French examination?

| 2. | Is the Commission aware that in practice the rapid and unimpeded recruitment into the education system of holders of foreign qualifications is also prevented because when foreigners apply for jobs in the French public education system, they receive the standard reply, ‘Like all public officials, teachers are recruited by means of a competition? |
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2.

Is the Commission aware that in practice the rapid and unimpeded recruitment into the education system of holders of foreign qualifications is also prevented because when foreigners apply for jobs in the French public education system, they receive the standard reply, ‘Like all public officials, teachers are recruited by means of a competition?

| 3. | Is the Commission furthermore aware that, as a result of this situation, EU citizens residing in France who hold non-French teaching qualifications can only work as supply teachers at Catholic private educational establishments, that only after three years’ experience of working in the French private education system are holders of foreign qualifications permitted to take an internal examination in order to be certified competent by a board and that until then, as soon as a teacher with a French qualification becomes available, they will invariably be dismissed? |
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3.

Is the Commission furthermore aware that, as a result of this situation, EU citizens residing in France who hold non-French teaching qualifications can only work as supply teachers at Catholic private educational establishments, that only after three years’ experience of working in the French private education system are holders of foreign qualifications permitted to take an internal examination in order to be certified competent by a board and that until then, as soon as a teacher with a French qualification becomes available, they will invariably be dismissed?

| 4. | Does a similar situation also exist in Italy and Spain, which still refuse to recognise the equivalence of teaching qualifications? For how many years has this unlawful state of affairs obtained? |
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4.

Does a similar situation also exist in Italy and Spain, which still refuse to recognise the equivalence of teaching qualifications? For how many years has this unlawful state of affairs obtained?

| 5. | What prospects can the Commission hold out in this connection to people with foreign teaching qualifications in Member States which refuse to recognise equivalence? Can they now invoke an enforceable right to recognition of the equivalence of qualifications or must they in practice, as in the past, retrain and take a fresh examination? |
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5.

What prospects can the Commission hold out in this connection to people with foreign teaching qualifications in Member States which refuse to recognise equivalence? Can they now invoke an enforceable right to recognition of the equivalence of qualifications or must they in practice, as in the past, retrain and take a fresh examination?

| 6. | How long must those concerned await a possible binding judgment from the Court of Justice of the EC? Does the Commission see any other solution? |
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6.

How long must those concerned await a possible binding judgment from the Court of Justice of the EC? Does the Commission see any other solution?

Answer given by Mr Bolkestein on behalf of the Commission

(28 October 2003)

(28 October 2003)

| 1. to 3. | In France in the public sector and in the State-subsidised private sector, teachers are recruited by way of competitions open to Community nationals. After the competition, successful candidates have to undergo a training period at IUFM (‘Institut Universitaire de Formation des Maîtres’), validated by an examination. After passing this examination, candidates obtain the teaching certificate (certificat d'aptitude à l'enseignement'). Currently, French legislation provides that teachers from other Member States have to sit the recruitment competition. However, by reason of their qualifications and the training already received in their Member States of origin, they are exempted from the training and final examination which follow the competition. The Commission has so far accepted this situation in view of the fact that under Community law, nothing prevents a Member State from making use of the competition system for the recruitment of public servants and of the distinction that must be drawn between recognition procedure and recruitment procedure. In fact, Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (1) which governs the recognition, among others, of teaching qualifications, confers upon the migrant the right to take up or pursue his profession in the host Member State ‘on the same conditions as apply to its own nationals’, i.e. with the same rights and the same obligations. The advantage for teachers in this situation is that, although having to sit the competition, they are not subject to any compensatory measure under Directive 89/48/EEC.
  In relation to the question whether migrant workers who are already working in the French private education system are allowed to participate in internal competitions only after three years' experience of working in the French private education system the Commission would like to give the following information.
  In accordance with the case-law of the European Court of Justice (2), the Commission considers that migrant workers' previous periods of comparable employment acquired in another Member State must be taken into account by the French private education system for the purposes of access to an internal competition in the same way as applies to experience acquired in the French system.
  The French authorities recently provided the Commission with information on the admission requirements for internal competitions to recruit teaching staff in private educational establishments under contract: under the same conditions as French nationals, candidates from a Member State other than France have to satisfy conditions concerning qualifications as well as conditions relating to their services. With regard to the period of public service required, public services rendered in another Member State are considered as services rendered in France. |
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1. to 3.

In France in the public sector and in the State-subsidised private sector, teachers are recruited by way of competitions open to Community nationals. After the competition, successful candidates have to undergo a training period at IUFM (‘Institut Universitaire de Formation des Maîtres’), validated by an examination. After passing this examination, candidates obtain the teaching certificate (certificat d'aptitude à l'enseignement'). Currently, French legislation provides that teachers from other Member States have to sit the recruitment competition. However, by reason of their qualifications and the training already received in their Member States of origin, they are exempted from the training and final examination which follow the competition. The Commission has so far accepted this situation in view of the fact that under Community law, nothing prevents a Member State from making use of the competition system for the recruitment of public servants and of the distinction that must be drawn between recognition procedure and recruitment procedure. In fact, Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (1) which governs the recognition, among others, of teaching qualifications, confers upon the migrant the right to take up or pursue his profession in the host Member State ‘on the same conditions as apply to its own nationals’, i.e. with the same rights and the same obligations. The advantage for teachers in this situation is that, although having to sit the competition, they are not subject to any compensatory measure under Directive 89/48/EEC.

1

In relation to the question whether migrant workers who are already working in the French private education system are allowed to participate in internal competitions only after three years' experience of working in the French private education system the Commission would like to give the following information.

In accordance with the case-law of the European Court of Justice (2), the Commission considers that migrant workers' previous periods of comparable employment acquired in another Member State must be taken into account by the French private education system for the purposes of access to an internal competition in the same way as applies to experience acquired in the French system.

2

The French authorities recently provided the Commission with information on the admission requirements for internal competitions to recruit teaching staff in private educational establishments under contract: under the same conditions as French nationals, candidates from a Member State other than France have to satisfy conditions concerning qualifications as well as conditions relating to their services. With regard to the period of public service required, public services rendered in another Member State are considered as services rendered in France.

| 4. | The situation in Spain and in Italy is different. In Spain teachers, once they have completed their training, are recruited in the public service by way of competitions. Teachers from other Member States who have obtained recognition under Directive 89/48/EEC, undergoing, where necessary, a compensation measure, must take part in the competition in order to be employed in a post. In Italy teachers are subject to a qualifying examination (‘abilitazione’). Teachers from other Member States, who have obtained recognition pursuant to Directive 89/48/EEC, do not have to sit this examination. However, in the context of the recognition procedure, they are generally subject, in accordance with the Directive, to a compensatory measure (adaptation period up to three years or aptitude test) designed to compensate for the differences in the education and training. |
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4.

The situation in Spain and in Italy is different. In Spain teachers, once they have completed their training, are recruited in the public service by way of competitions. Teachers from other Member States who have obtained recognition under Directive 89/48/EEC, undergoing, where necessary, a compensation measure, must take part in the competition in order to be employed in a post. In Italy teachers are subject to a qualifying examination (‘abilitazione’). Teachers from other Member States, who have obtained recognition pursuant to Directive 89/48/EEC, do not have to sit this examination. However, in the context of the recognition procedure, they are generally subject, in accordance with the Directive, to a compensatory measure (adaptation period up to three years or aptitude test) designed to compensate for the differences in the education and training.

| 5. | and 6. Recently, the Court of Justice has delivered a judgement in a case concerning a preliminary ruling (Case C-285/01 ‘Burbaud’), which may provide some clarification with regard to the French situation. The judgement regards the profession of hospital manager. The Commission is currently examining the consequences of this jurisprudence and whether it could extend to teachers. This will require an in depth analysis of the issues and the Commission will inform the the Honourable Member of its conclusions as soon as it is finished.
  However, the Commission stresses that the Court has held that the obligation to sit a competition in order to take up employment in public service is not contrary to Article 39 of the EC Treaty. It has, however, considered that Article 39 of the EC Treaty prevents a Member State from imposing on a European citizen who is qualified to exercise a given profession in a Member State, to sit a competition for entrance to a training school for the same profession, as this kind of competition is designed for candidates who have not received any training and qualified nationals from other Member States cannot, in such a competition, have their specific qualifications taken into account. |
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5.

and 6. Recently, the Court of Justice has delivered a judgement in a case concerning a preliminary ruling (Case C-285/01 ‘Burbaud’), which may provide some clarification with regard to the French situation. The judgement regards the profession of hospital manager. The Commission is currently examining the consequences of this jurisprudence and whether it could extend to teachers. This will require an in depth analysis of the issues and the Commission will inform the the Honourable Member of its conclusions as soon as it is finished.

However, the Commission stresses that the Court has held that the obligation to sit a competition in order to take up employment in public service is not contrary to Article 39 of the EC Treaty. It has, however, considered that Article 39 of the EC Treaty prevents a Member State from imposing on a European citizen who is qualified to exercise a given profession in a Member State, to sit a competition for entrance to a training school for the same profession, as this kind of competition is designed for candidates who have not received any training and qualified nationals from other Member States cannot, in such a competition, have their specific qualifications taken into account.

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(1)  OJ L 19, 24.1.1989.

1

(2)  Case C-419/92 Scholz ECR [1994] I-00505; Case C-15/96 Schöning ECR [1998] I-00047; Case C-187/96 Commission v. Greece [1998] I-01095; Case C-195/98 Österreichischer Gewerkschaftsbund ECR [2000] I-10497; Case C-224/01 Köbler, not yet published.

2

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