WRITTEN QUESTION P-1242/98

by Rainer Wieland (PPE) to the Commission

(9 April 1998)

Subject: Establishment of doctors in Germany - German doctors and doctors from other European Union countries

In Germany the ratio of population numbers to the number of specialist doctors within a given administrative district is used as the basis for deciding whether or not doctors can set up in practice there.

For doctors who are citizens of the Union, do the same conditions for establishment in Germany apply as for German doctors?

On the basis of what (national) criteria are doctors granted authorization to set up in practice in Germany and in the other countries of the European Union?

Answer given by Mr Monti on behalf of the Commission

(8 June 1998)

Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications(1) applies to Community nationals who completed their training in the Community.

The Directive lays down minimum conditions for the harmonisation of training for doctors which, under certain conditions, allow automatic recognition of their diplomas within the Community. The qualifications eligible for automatic recognition are listed in the articles of the Directive as far as basic training and specialised medicine are concerned(2) or published in the Official Journal as regards the training of general medical practitioners(3). Article 8 of the Directive deals with certain forms of training for specialist doctors.

On the first question, the conditions laid down by the Directive apply in general to all doctors in the Community irrespective of nationality as regards the recognition of their diplomas and hence their establishment in Germany. If any discrimination were to come to light, it could be brought to the attention of the Commission, which is responsible for monitoring implementation of the Treaty.

The second question is a matter for the Member States. Exercising freedom of establishment means that migrants should be able to take up activities in accordance with the conditions laid down in the legislation of the host Member State for its own nationals. Generally speaking, in the absence of Community legislation, the Member States remain free to regulate a particular activity. The Court of Justice ensures that any national restrictions are lawful in the light of the rules set out in and guaranteed by the Treaty and in the light of secondary Community legislation.

Although the Court of Justice has not yet issued any ruling on the subject, the Commission takes the view that national legislation laying down a numerus clausus for professionals wishing to carry on a given activity is not contrary to the principles enshrined in the Treaty in so far as it does not discriminate against migrants and in so far as they can take up the activity in question under the same conditions as nationals of the host Member State. The Court of Justice has issued a ruling on training which leaves each Member State free to limit, or not to limit, the number of students admitted to medical faculties(4).

(1) OJ L 165, 7.3.1993.

(2) See Articles3 to 7 of the Directive.

(3) OJ C 393, 31.12.1996.

(4) Joined cases 98, 162 and 258/85 Bertini v. Regione Lazio [1986] ECR1885.