WRITTEN QUESTION E-1223/00

by Jannis Sakellariou (PSE) to the Commission

(14 April 2000)

Subject: Recognition of French teachers in Bavarian schools

In order to be recognised as a teacher at a school in Bavaria, a Frenchwoman trained as a high school teacher of German and French (CAPES diploma) and with 10 years' teaching experience in a French school

must first of all gain a very high mark in the examinations leading to the award of the Grosse Deutsche Sprachdiplom (advanced German language diploma) and then sit aptitude tests or take conversion courses if she fails to meet any of the requirements imposed under the examination regulations applicable to teachers.

1. What view does the Commission take of the ways (advanced German language diploma, aptitude tests, conversion courses) in which this teacher is required to prove her abilities in the light of the anti-discrimination laws applicable to EU citizens and the principle of the free movement of persons?

2. Whilst acknowledging that, pursuant to the subsidiarity principle, education is a matter for the Member State or their regions, will insistence on the above principles not mean that the requirements for recognition are made so stringent that it will to all intents and purposes be impossible for a teacher to practise his or her profession in another Member State?

Answer given by Mr Bolkestein on behalf of the Commission

(18 May 2000)

The recognition of teaching qualifications is governed by 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). This Directive provides that nationals from one Member State have the right to exercise in another Member State a profession for which they are fully qualified in their Member State of origin. The Directive does not harmonise the different training courses required in each Member State for access to the various professions. For this reason, Article 4 of the Directive provides that the host Member State can impose on the migrant a compensatory measure (i.e. an aptitude test or an adaptation period, the migrant may decide) when there are substantial differences between the migrant's education and training and the requirements in the host Member State.

Accordingly, the Bavarian authorities have the right to impose on the holder of a teaching diploma awarded in another Member State the completion of an adaptation period or to take an aptitude test in order to make good a deficiency detected in his education and training in comparison to that required in Bavaria.

Language requirements, according to Article 3(1) of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community(2), are compatible with Community law when they are justified by the nature of the post to be filled. The Court of justice has stated that a post of lecturer in public vocational education institutions is a post justifying the requirement of linguistic knowledge, within the meaning of Article 3(1) of the above mentioned Regulation, provided that such a requirement is imposed in a proportionate and non-discriminatory manner (Judgment of 28 November 1989, Case C-379/87). The Commission considers that the Bavarian legislation does not infringe these principles, since it provides that the competent authority may accept other evidence, apart from the Große Deutsche Sprachdiplom, of the linguistic knowledge of the applicant. As far the Commission is aware, the Bavarian authorities require the Große Deutsche Sprachdiplom only when the migrant cannot prove otherwise that he has the linguistic knowledge necessary to teach the specific subjects covered by the authorisation requested.

(1) OJ L 19, 24.1.1989.

(2) OJ L 257, 19.10.1968.