WRITTEN QUESTION E-2780/00

by Luciano Caveri (ELDR) to the Commission

(1 September 2000)

Subject: University of Chambéry

Since 1987, some 48 students from Valle d'Aosta, an autonomous region of Italy, have graduated from the University of Chambéry in Langues étrangères appliquées (applied foreign languages).

To date, this degree has not been recognised for the purposes of any State competitive examination, and the fact that there are no genuinely comparable faculties in Italy is obstructing the principle of full recognition of educational qualifications, entailing a particular disadvantage for the inhabitants of an Italian- and French-speaking bilingual region such as Valle d'Aosta, who should be encouraged to study at French universities, especially those situated in cross-border cooperation areas.

Might it not therefore be argued that the problems referred to above constitute a violation of fundamental Community principles? What steps will be taken to remedy the situation?

Answer given by Mr Bolkestein on behalf of the Commission

(2 October 2000)

In order to facilitate the professional recognition of qualifications several Community directives have been adopted. Council Directive 89/48/EEC of 21 December 1988 established a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration(1). This Directive in principle applies to the teaching profession, but does not harmonise training courses. Its purpose is to reconcile the freedom of each Member State as regards education matters with the right of all Community citizens to exercise their profession in any Member State.

For the purposes of this Directive, a diploma is any diploma or other certificate awarded by an authority in a Member State testifying to completion of the level of training referred to by the Directive and to possession of the qualifications required to exercise the profession in question in the holder's Member State of provenance.

In most Member States, access to the teaching profession is subject to the possession of a set of diplomas (university degree and teacher training certificate).

As far as France is concerned teachers after university also must undergo a (pedagogic) training period at IUFM (Institut universitaire de formation des Maîtres), validated by an examination. After this examination, candidates obtain the teaching certificate (certificat d'aptitude à l'enseignement), which is the diploma within the meaning of the Directive.

The students to whom the Honourable Member refers have obtained a university diploma which is not a diploma in the sense of Directive 89/48/EEC at the University of Chambery (Langues étrangeres appliqués). According to the information contained in the question, this diploma is an academic title. Holders of this diploma cannot be considered as teachers in France. Hence they are precluded from benefiting from the professional recognition procedure as set out in the general system Directive, which applies only to professional titles, that is to citizens who are already teachers or fully qualified professionals in their respective country of origin.

According to the case-law of the Court of justice, even if the Directive is not applicable, and therefore the person concerned does not have a particular right to obtain recognition, he or she has, however some rights regarding the treatment of his application for recognition of this diploma. The principle of freedom of movement of workers laid down in Article 39 (ex Article 48) of the EC Treaty obliges the authorities of the host Member State to take the diplomas, obtained by migrants in another Member States, into consideration, to evaluate them and to address a reasoned decision to the citizen against which legal means of redress are available. The information contained in the question does not allow the Commission to evaluate if these principles have been violated.

As the EC Treaty articles in question have direct effect, meaning that they confer rights on citizens which they may invoke in their dealings with the public authorities and with which the latter must comply, the individuals concerned are best advised to apply to the national administrative bodies or courts which alone are competent to annul a decision taken by a national authority.

(1) OJ L 19, 24.1.1989.