WRITTEN QUESTION E-2815/00

by Bill Miller (PSE) to the Commission

(5 September 2000)

Subject: University degree convalidation

Are degrees in psychology awarded by UK universities valid in Spain or would further studies have to be completed before a graduate can operate in Spain?

Answer given by Mr Bolkestein on behalf of the Commission

(27 September 2000)

According to the information available to the Commission, the profession of psychologist is regulated both in Spain and in the United Kingdom, a regulated profession being defined as a profession for the pursuit of which the possession of a diploma or certain professional qualifications is an essential legal requirement.

In this context, the two main legal instruments of Community law aimed at facilitating the free movement within the Community of professionals pursuing regulated professions are, depending on the level of studies attested by the diploma concerned, Council Directive 89/48/EEC of 21 December 1988 on a general system for recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration(1), and Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC(2).

However, Directives 89/48/EEC and 92/51/EEC did not establish a system of automatic equivalence between diplomas and there is no list of diplomas which is automatically recognised at European level. In fact, a diploma is recognised not in its own right, but in terms of the profession to which it gives access in the Member State which awarded it. It is up to the person concerned to apply individually to the national authority, stating clearly the profession they wish to pursue. The decision of the national authority is also taken individually, on duly substantiated grounds. In others words, at present there is no Community mechanism by which the diplomas obtained in one Member State are automatically recognised officially in the other Member States.

The basic principle of the above-mentioned Directives is that the host Member State is responsible for authorising the pursuit of a regulated profession on its territory by a professional in possession of the diploma prescribed in the Member State of provenance for taking up that profession. In order to be covered by the Directives, the person concerned must be a fully qualified professional who is able to pursue, without any further training, the profession concerned in the Member State of provenance.

However, the recognition provided for by the Directives in question is not automatic and the authority in the host Member State may, in certain circumstances, require of migrant professionals compensatory measures such as an aptitude test or an adaptation period not exceeding three years. Professional experience may also be required in certain cases.

Consequently, the Spanish authorities may, whilst observing the terms set out in the Directives, make the professional recognition of psychology diplomas awarded in the United Kingdom subject to certain compensatory measures.

(1) OJ L 19, 24.1.1989.

(2) OJ L 209, 24.7.1992.