WRITTEN QUESTION E-0387/99

by Karl von Wogau (PPE) to the Commission

(1 March 1999)

Subject: Recognition of a German university diploma in Spain

Is the Commission aware that, in order to obtain recognition in Spain of a degree in business studies awarded by the Berlin Free University, graduates are required to produce not only a certified translation of the diploma (and any accompanying certification) but assessments of their performance in all the various subjects taken throughout the course? If a graduate does not provide assessments relating to each individual subject, she or he is required to undergo further training. Even without this problem, the approval procedure takes ten to twelve months.

Does the Commission agree that this situation infringes European Union rules on the mutual recognition of educational qualifications, and what does the Commission intend to do to ensure that that principle is upheld in practice?

Answer given by Mr Monti on behalf of the Commission

(6 May 1999)

The Commission is aware that the recognition of university diplomas often takes some time. Whether this is compatible with Community rules on the mutual recognition of diplomas depends ultimately on the intended purpose of the recognition.

The area of academic recognition is the responsibility of the Member States, with the Community merely playing an encouraging and supporting role (Article 149 of the EC Treaty (ex Article 126)). To this extent the Council can adopt recommendations and decisions, though excluding any harmonisation of the laws and regulations of the Member States. As the present case is about the recognition of a diploma in order to obtain further qualifications, the answer would have to be that Community law makes no special ruling on this(1).

The verdict might be different if the purpose of recognising a diploma were to exercise a regulated profession (and, possibly, carry the corresponding professional title). In this case, Council Directive 89/48/EEC(2) might be applicable. Under the terms of this Directive, the host Member State may merely check whether there are substantial differences between the education received in the applicant's Member State of origin and the requirements in the host Member State. The procedure for checking an application to exercise a regulated profession must be carried out as quickly as possible, and be completed - together with a reasoned decision from the competent authority - within four months of the full supporting documents' being submitted at the latest. According to a working paper drafted by the committee of coordinators, the host Member State may require that documentation be submitted in the form of a certified translation.

The first precondition for invoking this Directive is that the profession that the applicant wishes to exercise be regulated in the host Member State (i.e. the taking-up or exercise of the corresponding professional activity in that Member State is subject to legal or administrative provisions regarding the holding of a diploma). The second precondition is that the applicant be fully qualified to exercise the profession in his or her home Member State or, if the profession is not regulated in that Member State, have at least two years' relevant experience. Only if these two conditions are met may the deadline likewise be cited.

The profession that a migrant exercised, or was allowed to exercise, in his or her Member State of origin, is thus of crucial importance, as is the profession he or she wishes to exercise in the host Member State(3). If the Commission is provided with further information and it is shown that Directive 89/48/EEC is applicable, it will approach the competent Spanish authorities.

(1) However, as regards the holding of an academic diploma in another Member State, the Court of justice ruled in its judgment of 31 March 1993 that, on the basis of Articles 48 and 52 of the EC Treaty (Articles 39 and 43 EC Treaty since Treaty of Amsterdam), the sole purpose of the administrative procedure to recognise academic titles awarded on the basis of a period of postgraduate study is to verify whether the postgraduate diploma (including a doctorate) was properly awarded (Case C-19/92 (Kraus), European Court Reports 1993 page I-1663).

(2) 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, OJ L 19, 24.1.1989.

(3) If, for example, a German graduate of business studies wishes to exercise the profession of "economista", which is regulated in Spain but for which there is no directly comparable profession in Germany, the type and extent of previous professional activity in Germany will have to be checked. .