WRITTEN QUESTION E-2535/99

by Heidi Hautala (Verts/ALE) to the Commission

(4 January 2000)

Subject: Inequality under the Austrian law on universities

Articles 149 and 150 of the Treaty of Amsterdam state that students' opportunities to study in other Member States should be encouraged. Freedom of movement for students and researchers improves individual citizens' freedom of choice and their opportunities for personal development, and enhances the educational and intellectual resources of the Community.

The Austrian law on universities (Hochschulstudiumsgesetz, S. 7(1)) imposes requirements on applicants for a study place coming from other Member States different to those imposed on the country's own nationals. In order to obtain a place, Austrians are required to show their general school leaving certificate. However, a general school leaving certificate issued in Finland, for example, is not regarded as sufficient in Austria, and a special school leaving certificate must also be shown. In practice this requirement has been interpreted as meaning that applicants for a study place must show that they already have a place to study in the same field at a university in their home country. Only after five years' residence in Austria are other EU nationals freed from this requirement to hold two study places, which naturally cannot be demanded of Austrians.

Is the Commission aware of the problems caused by the Austrian law on universities? Does the Commission agree that legislation and practice in Austria hinder the free movement of students instead of encouraging it and accord differing status to different EU nationals? Does the Commission consider that the Austrian law on universities is in conflict with Articles 149 and 12 of the Treaty of Amsterdam? Does the Commission propose to take measures pursuant to Article 226 to remedy the situation?

Answer given by Mrs Reding on behalf of the Commission

(4 February 2000)

The Commission notes that the mobility of students within the Community is based on respect for the principle of equal treatment in access to education in another Member State. This principle is ignored where the conditions imposed are such that, either directly on grounds of nationality or indirectly by other means, they put Community students in a less favourable position than students who hold national certificates, with the result that the former are denied admission to educational institutions.

The academic recognition of certificates, the aim of which is to allow individuals with qualifications acquired in another Member State to pursue an education, falls within the competence of the Member States. In accordance with the EC Treaty, each Member State is responsible for the content of its teaching and the organisation of its own education system. The Member States are also free to lay down rules governing procedures of academic recognition. However, in compliance with Article 12 (ex Article 6) of the EC Treaty, Member States must refrain from direct or indirect discrimination on grounds of nationality when applying these procedures.

The Commission is aware of the situation to which the Honourable Member refers. The Austrian legislation mentioned provides that all applicants wishing to study in a certain field in a higher education institution in Austria must show that their school-leaving certificate entitles them to an unconditional study place in the field of their choice in the country which issued the certificate.

The Commission has examined the conformity of the Austrian legislation (Universitäts-Studiengesetz UniStG) with Articles 12, 149 and 150 (ex Articles 126 and 127) of the EC Treaty. Having considered the Member State's comments on the matter, the Commission has concluded that the imposition of additional requirements on individuals holding diplomas from other Member States, while no conditions of admission other than possession of a certificate are imposed on students who hold a certificate issued in Austria, constitutes discrimination on grounds of nationality in terms of access to education, and as such is prohibited by Articles 12, 149 and 150 of the EC Treaty. As a result, the Commission has initiated infringement proceedings as provided for in Article 226 (ex Article 169) of the EC Treaty.