WRITTEN QUESTION E-2864/00

by Michel Hansenne (PPE-DE) to the Commission

(14 September 2000)

Subject: Equivalence of the nursing diploma

Where a Belgian graduate nurse wishes to work in France:

1. Which European directive(s) can she use in support of the equivalence of diplomas?

2. Has French law incorporated this/these directive(s)?

3. To whom can she apply if her claim is contested by the French authorities?

Answer given by Mr Bolkestein on behalf of the Commission

(5 October 2000)

1. The situation of Community nationals who possess Belgian graduate nurse diplomas and wish to obtain professional recognition to exercise their profession in France is, in principle, regulated by Council Directive 77/452/EEC of 27 June 1977 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care, including measures to facilitate the effective exercise of this right of establishment and freedom to provide services(1), and by Council Directive 77/453/EEC of 27 June 1977 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of nurses responsible for general care1(2).

Automatic mutual recognition of the diplomas of nurses responsible for general care issued in Member States to Community nationals is provided for in respect of all the diplomas included on a list which appears in the first of the above-mentioned Directives.

2. Yes, the two Directives have been transposed into French law. More particularly, and as regards the recognition of the diplomas of nurses responsible for general care, this transposal was carried out by Article 1 of Law No 80-527 of 12 July 1980, which introduced a new Article L474-1 into the French code on public health to provide for such recognition. Transposal was completed by the adoption of a number of implementing orders establishing the list of the diplomas of nurses responsible for general care which are eligible for recognition and which are issued by Member States.

3. In the event of a dispute, several avenues are open to the person concerned both at national level and at Community level. For example, at national level, apart from possible internal administrative appeal procedures (application for review and appeal to a higher authority), the national courts are the competent institutions for ensuring that Community law is applied. The person concerned can therefore bring the matter before the competent French court within the terms specified by French legislation. This solution has the merit of allowing the migrant to obtain an individual decision on her case that will be binding upon the national authorities.

At Community level, the person concerned can, in the first instance, consult the Eurojus advisor at the Commission representation in France. The migrant can also submit a complaint to the Commission or a petition to Parliament if she believes that the Member State concerned has not applied Community law correctly.

However, the Commission would point out to the Honourable Member that the answers given are general and do not take into account the particular situation of certain nurses' diplomas (for example, specialist nurse's diplomas). In the absence of more detailed information regarding the case in point, it is impossible for the Commission to give a more precise answer.

As a general point for the record, the Commission would remind the Honourable Member of the existence of the website http://europa.eu.int/citizens which is the result of a joint initiative by Parliament and the Commission to provide general information such as that given above.

(1) OJ L 176, 15.7.1977.

(2) OJ L 176, 15.7.1977.