EN Official Journal of the European Union CE 84/450

(2004/C 84 E/0525)

WRITTEN QUESTION P-0823/04

by Emmanouil Bakopoulos (GUE/NGL) to the Commission

(8 March 2004)

Subject: Recognition of degrees and denial of employment

A Greek citizen obtained a degree in air traffic control in Scotland in 1981. His diploma was recognised by the Greek Education Ministry in 1983. Since that date, the Civil Aviation Authority has systematically refused to allow him to take part in competitions to appoint employees on the grounds that he does not fulfil the qualifications criteria, which call for diplomas with no connection with the field in question. It should be pointed out that air traffic control degrees are not awarded at any institution in Greece.

Could the Commission therefore say whether the Civil Aviation Authority's conduct is contrary to Community law? If so, what steps can this citizen take to ensure that he can freely practise his profession?

Answer given by Mr Bolkestein on behalf of the Commission

(30 March 2004)

Unfortunately, the information provided by the Honourable Member is not detailed enough to allow the Commission to decide whether any infringement of Community law by the Greek Authorities has taken place.

However, the Commission would reiterate the following principles.

Under Articles 149 and 150 of the EC Treaty, each Member State is responsible for the content of its teaching and the organisation of its education system. In the absence of harmonisation, it is the responsibility of Member States to regulate the conditions governing access to, and the practice of an occupation on their territory. However, Community law does not allow migrants to be put at an unfair disadvantage in relation to holders of national diplomas simply because their qualifications were obtained in another Member State.

Thus, Community Law (1) requires national authorities to take into account, for professional purposes, qualifications obtained in another Member State. This does not mean that the qualification is recognised automatically. National authorities should examine the qualifications and compare the training completed by the migrant and the training required in the host Member State for access to the regulated profession concerned. They must, if necessary, allow the migrant to undergo an adaptation period or take an aptitude test, in order to make up for any considerable differences which may exist between the migrant's training and that required by the host Member State.

For employment in the public sector, where access is restricted to those who hold a qualification attesting to a certain level of education without the contents being specified, Article 39 of the EC Treaty can be directly applied. In this case it is the level of education attested to by a diploma rather than the detailed contents of the training which should be taken into account for admission to the selection procedure.

Since the question concerns the steps which the citizen concerned could take, as well as the possibility of lodging a complaint with the Commission and given that this is an individual case the Commission advises the citizen to seek redress from the national administrative authorities or courts, which alone have the jurisdiction to overturn a decision taken by a national authority concerning that citizen.

Finally, the Commission would like to draw the Honourable Member's attention to the recent adoption of the legislation package on a ‘Single European Sky’. Article 5 of the Regulation of the Parliament and the Council on the supply of air navigation services (2) states that ‘as soon as possible after the entry into force of this Regulation, the Commission will submit, if necessary, to the European Parliament and the Council, a proposal concerning the granting of licences to controllers’. This proposal will lead to a European Air Traffic Controller's licence, which will facilitate the free movement of workers through mutual recognition of these licences.

(1) Depending on the level of education required:

— 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 OJ L 19 of 24.1.1989 or

— 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 OJ L 209 of 24.7.1992.

(2) Not yet published.