WRITTEN QUESTION P-3559/00

by Luciana Sbarbati (ELDR) to the Commission

(9 November 2000)

Subject: Harmonisation of national laws on the recognition of qualifications

Every day the Committee on Petitions, of which I am vice-chairman, is approached by citizens who believe that they have suffered discrimination or consider themselves to have been wronged. Since the beginning of the current parliamentary term the committee has received a great many complaints stemming from a failure or refusal to recognise qualifications. Community citizens who have studied in non-member countries and nationals of non-member countries who settle in an EU Member State take exception to the fact that, even though they are properly qualified, they cannot practise their professions because of the different national laws on the recognition of qualifications.

Free movement of persons is one of the improvements to have been brought about by European integration, and, given that student and worker mobility will become increasingly widespread, more and more problems will arise in this area.

School systems and syllabuses remain the responsibility of the Member States.

The lengthy and costly procedures entailed in appeals to the Court of Justice make it difficult to take legal action.

The unequal treatment within the EU could trigger migration to countries where people can practise their professions, posing potential competition problems.

Without encroaching on the Member States' freedom as regards recognition of qualifications and bearing in mind that education and culture have hitherto been a focus of attention, does the Commission not believe that it should draw up a directive to regulate and harmonise this area by laying down minimum standards of schooling, integrated syllabuses, technologically advanced training schemes, language proficiency for the different levels of training, teacher mobility arrangements, and so forth?

Alternatively, will it take any other steps and, if so, when, not least in anticipation of enlargement?

Answer given by Mr Bolkestein on behalf of the Commission

(19 December 2000)

The situation to which the Honourable Member refers is well known to the Commission, which had already made two reports, communicated to the Parliament, on the practical application of the general system directives, that is Council Directive 89/48/EEC and Council Directive 92/51/EEC(1).

The Honourable Member refers to harmonisation of education and training, integration of programmes and other measures in this field. The Commission would point out that according to Articles 149 and 150 (ex-Articles 126 and 127) of the EC Treaty, the Community contributes to the quality of education by encouraging co-operation with the Member States and by supporting and supplementing their action in this field. However it should be stressed that Member States are responsible for the content of teaching and the organisation of education systems, as well as their linguistic and cultural diversity. In this field harmonisation of laws and regulations in the Member States is explicitly excluded.

Any demand for a specific directive for professional recognition would presuppose a consensus of the relevant professional group in Europe as well as the support of a large majority of the Member States, as well as additional guarantees of free movement.

According to the general system, the recognition of third country qualifications, held by Union citizens, accorded by one Member State binds the others, albeit only to the extent of the obligations under the general system, once the holder of those qualifications has three years professional experience in the case of a diploma and two years professional experience in the case of a certificate, in the Member State which first recognised the third country qualification(2).

As for third country nationals who hold qualifications obtained in one of the Member States, the above Community law also applies to family members of a national of a Member State who has exercised his right to free movement under Community law.

(1) Report to the Parliament and the Council on the state of application of the general system for the recognition of higher education diplomas made in accordance with Article 13 of Directive 89/48/EEC COM(96) 46 final; Report from the Commission to the Council and the Parliament on the application of Directive 92/51/EEC in accordance with Article 18 of Directive 92/51/EEC COM(2000) 17 final.

(2) See also ECJ Case C-319/92 (HAIM I) and ECJ Case C-238/98 (Hocsman).