EN Official Journal of the European Union CE 70/243

(2004/C 70 E/263)

WRITTEN QUESTION E-3241/03

by Cristiana Muscardini (UEN) to the Commission

(3 November 2003)

Subject: Breaking down of bureaucratic barriers

Following bureaucratic wrangling that lasted a good five years and after appealing to the European Ombudsman, an Italian citizen obtained recognition in Spain that her Italian degree in Foreign languages and literature was equivalent to the corresponding Spanish qualification in Hispanic Philology. When in September 2001 the Basque Government's education department in Bilbao was drawing up a list of temporary Italian language teachers for its School of Languages (Escuela de Idiomas), this Italian citizen was not allowed to compete on the same terms as Spanish graduates in Romance Philology with a specialisation in Italian, despite having submitted her higher education certificate from the Escuela de Idiomas for Italian. Her years of service were counted as being those of a permanent member of the teaching staff in the Italian state education system from 1980 to 1989, and as a teacher of Italian language and culture to foreigners from 1990 onwards. To secure the same rights as her Spanish counterparts she was obliged to complete a second degree in Italian Philology at the University of Salamanca. In the meantime, she was removed from the above-mentioned list because she had not ‘supplied any service’ to the education department in question during the course of the 2001-2002 academic year, despite being hired at that time as a temporary lecturer in Italian language and literature at the University of the Basque Country, which comes under the authority of the selfsame Department of Education, Universities and Research for the Basque Country. In order to gain readmission to that department's list of temporary teachers she was asked to present a certificate in Basque, which she obtained this year. This Italian linguist is currently confronted with fresh difficulties in gaining admission to the list of temporary teachers for the School of Languages in Navarre, where she is not being accredited with her years of service in the state education sector in Italy (since the translation provided by the consulate is not considered a ‘sworn’ translation). Furthermore, the degree recognised as being equivalent in Spain is not being accredited to her as a second degree, since it is being deemed a prerequisite for demonstrating her knowledge of Spanish, despite the fact that she has also obtained a degree from a host country university.

1. Does the Commission not consider the experiences of this EU citizen to be a clear sign of covert discrimination?

2. What scope does the Commission have for overcoming these loathsome obstacles, which are a reflection not only of bureaucratic lunacy but also of a lack of will on the part of the host country government to eliminate this form of discrimination?

Answer given by M. Bolkestein on behalf of the Commission

(9 December 2003)

The Italian citizen referred to by the Honourable Member has addressed two letters to the Commission. The information so far provided to the Commission does not show any clear breach of Community law in her case. The following analysis was communicated to her in August 2003. Procedures for academic recognition are governed by national law, since according to Article 149 of the EC Treaty Member States are responsible for the content of teaching and the organisation of their education systems. Only the prohibition of any discrimination on grounds of nationality applies. There is no evidence that such discrimination has occurred in the case of the citizen concerned. On the other hand, the different treatment of the person concerned compared with Spanish graduates in Filologia Romanica does not appear discriminatory, since her degree has not been recognised as equivalent to this degree but to the degree in Filologia Hispanica. As far as the knowledge of the Basque language is concerned, if Basque is an official language, the Spanish authorities are entitled to require a knowledge of this language, sufficient for the exercise of the teaching profession, in accordance with the principles established by the Court of justice of the European Communities in cases ‘Groener’ (C-379/87) and ‘Angonese’ (C-281/98).

As regards recognition of professional experience, the position of the Commission is that migrant workers' previous periods of comparable employment acquired in another Member State must be taken into account by Member States' administrations for the purposes of access to the public sector in the same way as applies to experience acquired in their own system. The Commission has asked the complainant to specify whether her professional experience is not recognised in general terms or only due to the translation problems.

Finally, concerning the taking into account of her Italian degree as a second degree, more information on the conditions of admission to the list of temporary teachers is needed in order to evaluate the situation of the complainant. She has been asked to provide such information.