WRITTEN QUESTION E-0693/03

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(7 March 2003)

Subject: Refusal of Dikatsa in Greece to recognise a European degree

Since 1991 the European Union has been funding the European Association of Environmental Management Education involving universities of international repute, such as the National and Capodistrian University of Athens, the Université Libre de Bruxelles, the Ecole polytechnique Fédérale de Lausanne, Geneva University, Trier University and Erasmus University.

The Union provides financial support for the Masters degree in Environmental Management which is recognised in all EU Member States, apart from Greece. Following an appeal by an interested party to the Greek Council of State, the Supreme Court has invalidated the decision by Dikatsa (the Greek body responsible for recognising degrees) not to recognise the above post-graduate degrees.

Despite this, both the Greek Ministry of Education and the Dikatsa, acting on its behalf, refuse to recognise these degrees on various pretexts.

Is the Commission aware of this curious state of affairs? What action does it intend to take to solve this specific problem?

Answer given by Mr Bolkestein on behalf of the Commission

(7 April 2003)

The information provided for by the Honourable Member is not sufficiently detailed for the Commission to establish whether the non-recognition of the master degree in question amounts to an infringement of Community law.

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) has set up a General System for the recognition of professional qualifications, designed to ensure access to regulated professions in the different Member States. The Directive allows European nationals who are fully qualified for the exercise of a given profession in their Member State of origin to have access to the same profession in another Member State. The Directive applies only when the migrant wishes to pursue in another Member State a regulated profession, that is a profession subject by legal, regulatory or administrative provision to possession of a specific qualification. The migrant must hold a diploma corresponding to the definition given in Article 1.a) of the Directive, that is a diploma or set of diplomas which shows that the holder has the professional qualifications required for the taking up or the pursuit of a regulated profession in the Member State in which the diploma has been obtained.

In the light of these principles, the refusal to recognise the master degree in question might infringe Directive 89/48/EEC only if recognition is sought with a view to have access to a regulated profession in Greece and the master degree entitles the holder to practise a specific profession in his/her Member State of origin.

The non-recognition of the postgraduate academic title in question may also raise a problem under Article 39 of the EC Treaty, if in the context of access to public service the title is not taken into account by the Greek authorities in the same way as Greek qualifications of the same level.

At the present stage of development of Community law, the recognition of diplomas for academic purposes (i.e. which aims to allow people to pursue their studies in another Member State) falls within the competence of Member States. There are no Community rules imposing mutual recognition of diplomas. Each Member State is responsible for its own educational system and for the content and organisation of its educational system. There are currently no diplomas that are recognised at European level. Universities that are autonomous institutions are entirely responsible for the content of their curricula and for awarding diplomas and certificates to students. The authorities of the Member States have the right to require the academic recognition of qualifications before allowing access to education and they can evaluate whether the content of the education received by the holder of a diploma corresponds to the level that is required by the national legislation. They are equally free to fix the rules governing this type of procedure. They are obliged, however, not to apply any direct or indirect discrimination on grounds of nationality, in accordance with Article 12 of the EC Treaty.

On the basis of the available information it is not possible to establish if such discrimination has taken place.

(1) OJ L 19, 24.1.1989.