EN Official Journal of the European Union CE 84/496

(2004/C 84 E/0574)

WRITTEN QUESTION E-2681/03

by Robert Goebbels (PSE) to the Commission

(10 September 2003)

Subject: Approval of Luxembourg secondary school leaving certificates in Belgium

The Luxembourg Government's website states that, following an intervention by the Commission, the French Community of Belgium is reintroducing, as of 2003-2004, the obligation for holders of a Luxembourg secondary or technical secondary school leaving certificate or a Luxembourg technical diploma to have them approved by the Belgian authorities before being allowed to enrol at universities and other higher education institutions in Belgium.

In spite of the fact that Luxembourg students have never previously been confronted with this administrative burden, it turns out that those wishing to enrol for the first time at a Belgian university for the academic year 2003-2004, who have already sent off their documents, have not yet received an approval of their secondary school leaving certificate from the French Community. This means there is a chance that they may not be able to enrol in Belgium for the coming academic year, even though some of the students have already paid out money in anticipation of beginning their studies (accommodation, deposits, etc.).

Can the Commission provide information as to the exact situation?

Does it intend to contact the Belgian authorities so that the Luxembourg students concerned may register at the right time?

Why are Luxembourg students now required to have their certificates approved when in the past they were treated in the same way as Belgian students?

Answer given by Ms Reding on behalf of the Commission

(27 October 2003)

In 1999, in response to complaints from nationals of other Member States, and from Belgian nationals holding a French Baccalaureate, the Commission drew the Belgian government's attention to the compatibility with the EC Treaty, in particular Articles 12, 149 and 150, of the French Community's legislation and administrative practice in respect of access to higher education for holders of secondary school leaving qualifications acquired in other Member States.

Infringement proceedings were brought on the grounds that admission of nationals of other Member States to certain areas of higher education (medicine, pharmacy, etc.) in Belgium was subject to an aptitude examination referred to as ‘examen de maturité’, which was not required of students who obtained their secondary school leaving certificate in Belgium.

The Commission considered this condition to be in breach of Article 12, in conjunction with Articles 149 and 150, of the EC Treaty. The right to equal treatment for nationals of other Member States in respect of access to education and vocational training was established by the Court judgment of 13 February 1985 (Gravier 293/83). In its judgment the Court confirmed that, in order to have any meaningful effect, this right necessarily implies that, once a diploma has been judged equivalent in that it certifies a level of educational attainment at least equal to that of equivalent studies in Belgium, the student concerned should not be subject, for the purposes of access to higher education, to conditions which are not imposed on students who obtained their diploma in Belgium, such as passing a supplementary aptitude examination.

Since the Belgian authorities took no appropriate action to put an end to this situation, the Commission brought proceedings against Belgium under Article 226 of the EC Treaty.

In its defence, Belgium indicated that two changes had been made to the French Community's legislation in order to end the infringement: an amendment to Article 1 of the Royal Decree of 20 July 1971, and repeal of the automatic equivalence system which had applied to Luxembourg diplomas since 1999.

The Commission considers that the amendment to the Royal Decree of 1971 was sufficient to put and end to the infringement.

Nonetheless, the Commission considers that it would have been more logical for Belgium to look into whether it might be possible to introduce an automatic equivalence system for the secondary school diplomas of other Member States similar to that applied to Luxembourg. Abolishing the automatic equivalence so far granted to Luxembourg nationals would appear to amount in practice to reintroducing an administrative condition which had not in the past been considered necessary.

The Commission has not received any complaints from students from other Member States concerning recognition of their secondary education certificates by the French Community for the purposes of enrolling at a Belgian university for the 2003/2004 academic year. The Commission would be grateful for any information the Honourable Member can provide in this respect.

If, on the basis of specific complaints, it transpires that students from Luxembourg (or other Member States) are subject to an administrative procedure which bears no reasonable relation to the needs otherwise served by the equivalence procedure and which could constitute an obstacle to student mobility, the Commission may consider instituting new infringement proceedings against Belgium under Article 226 of the EC Treaty.