EN Official Journal of the European Union CE 84/301

(2004/C 84 E/0349)

WRITTEN QUESTION E-0086/04

by Nelly Maes (Verts/ALE) to the Commission

(21 January 2004)

Subject: Language requirements in EU job advertisements

On several occasions the Commission has been forced to conclude that job advertisements issued by European organisations partially or totally financed by the Commission and private firms linked contractually to the Commission are discriminatory (see Commission answers to a number of written questions on this subject (1)). Advertisements for jobs with such European organisations and firms regularly stipulate ‘English native speakers’ or ‘English mother tongue’ as a requirement.

Despite repeated confirmations by the Commission that this is the case, as well as an undertaking by the then European Ombudsman Jacob Söderman (659/2002/IP), this discriminatory practice by European organisations continues to occur regularly (2). Furthermore, following warnings from the Commission, the European organisations seem to be replacing terms such as ‘English mother tongue’ with expressions such as ‘English mother tongue or equivalent’, ‘English native speaker level’ or ‘First language English’, and then inviting only people with English mother tongue to interview.

Can the Commission launch an inquiry into this?

What steps is it willing to take to put an end to this discrimination?

Joint answer

to Written Questions E-0046/04 and E-0086/04

given by Mrs Wallström on behalf of the Commission

(5 March 2004)

The Commission has explained its position on the legal evaluation of this issue in its replies to numerous Written Questions E-4100/00 by Mr Staes (3); E-0779/01 by Mr Staes (4);E-l356/01 by Mr Gemelli (5); E-l681/01 and E-1682/01 by Mr Staes (6); P-2331/01 by Mrs Ferrer (6); E-2900/01 by Mr Staes (7); E-2901/01 and E-2944/01 by Mr Staes (7); P-3189/01 by Mr Rothly (7); E-3572/01 by Mr Staes (8); E-0941/02 by Mr Staes (9); E-2764/02 by Mr Staes (10); E-l733/03 by Mr Leinen (11); E-2018/03 by Mr Staes (12); E-2226/03 by Mr Rübig (12). The Commission would like to add that it considers also the terms ‘native speaker level’ and ‘First language (+ mentioning a specific EU language)’ as a violation of the rules on free movement of workers.

In its replies to the written questions listed above, the Commission has described the measures it has taken and which it continues to take to fight against discrimination, which is caused by a native speaker criterion contained in job advertisements. The Commission is currently evaluating whether any additional measure can be taken.

(1) Answers by the Commission, particularly to the following Written Questions: E-4100/00, E-0779/01, E-1356/01, E-1681/01, E- 1682/01, E-2331/01, E-2900/01, E-2901/01, E-2944/01, E-3189/01, E-3572/01, E-0941/02, E-2764/02, E-3786/02, E-1733/03, E-2018/03 and E-2226/03.

(2) The European Esperanto Union has recorded more than 700 such discriminatory advertisements (see list on its website http://lingvo.Org/eo/2/l 5).

(3) OJ C 174 E, 19.6.2001.

(4) OJ C 235 E, 21.8.2001.

(5) OJ C 350 E, 11.12.2001.

(6) OJ C 93 E, 18.4.2002.

(7) OJ C 134 E, 6.6.2002.

(8) OJ C 160 E, 4.7.2002.

(9) OJ C 229 E, 26.9.2002.

(10) OJ C 92 E, 17.4.2003.

(11) OJ C 11 E, 15.1.2004.

(12) OJ C 33 E, 6.2.2004.