WRITTEN QUESTION E-3985/00

by Roberta Angelilli (UEN) to the Commission

(21 December 2000)

Subject: Recognition of university degrees

On 6 April 1998 Mr Alessandro Vinci submitted, via the Italian Foreign Affairs Ministry and the Spanish Embassy in Rome, an application for the university degree which he had obtained in Italy to be recognised in Spain.

At the 12 June 1998 meeting of Spain's University Council Academic Committee the application was submitted for consideration, prior to the publication of a report on the matter. The application was dealt with at the meeting of 16 April 1999 and pursuant to the decision (Case No 1998C01709) which was announced on 31 May and 27 August 1999, the degree will be recognised, provided that the applicant passes examinations in six subjects.

Mr Vinci was astonished (as were the teaching staff at the Spanish university San Cristóbal de la Laguna in Tenerife which he had selected) at the large number of exams which he was required to pass. By carefully sifting through existing legislation he came across an agreement between Italy and Spain (the Spain-Italy Cultural Agreement signed on 11 August

1955) and, in particular, a communiqué of 16 April 1966 from the Spanish Ministry of Education in which it is specifically stated that graduates of Italian universities and university institutes may obtain the title of graduate from a Spanish university. In the case in question the decisions taken by the relevant departments of the ministry concerned are not in accordance with that agreement.

Despite numerous letters and submissions to the relevant Spanish and Italian ministries, numerous discussions with various officials and an appeal to the public prosecutor in Rome, Mr Vinci has not so far received any reply and, in particular, he has been denied his rights.

In view of the fact that, in recent years, a number of other people have benefited under the agreement.

1. Does the Commission not consider that the right to study has been infringed?

2. Would it give its views on the matter?

Answer given by Mrs Reding on behalf of the Commission

(19 February 2001)

Firstly, the Commission would like to point out that the organisation of education systems, including recognition of qualifications and university admission criteria, is a matter for the Member States. As a result, and in strict compliance with Article 12 (ex Article 6) of the EC Treaty, which prohibits any direct or indirect discrimination on grounds of nationality, the relevant authorities are entitled, in principle, to make admission to universities dependent on obtaining academic recognition for qualifications gained in another Member State. In addition, Member States are allowed to conclude bilateral agreements with other Member States if they consider that the latter's qualifications meet national requirements. The information given does not provide evidence of a national provision at variance with the EC Treaty.

With regard to the specific case of Mr Vinci, the bilateral agreement mentioned by the Honourable Member states that doctorates from Italian universities and institutes are recognised for purposes of obtaining the title of graduate. However, it is not clear from the question whether Mr Vinci actually has a doctorate.

Therefore, if Mr Vinci feels that the procedural guarantees, in particular those relating to the time-frame, and the criteria set by Spanish legislation in relation to the academic recognition of qualifications were not observed in his case, it is up to him to decide to lodge an administrative and/or judicial appeal under national law.

Moreover, it seems from the description of the circumstances relating to Mr Vinci that his intention could be to work at the University of San Cristobal de la Laguna (Spain), rather than to study there. It should be noted that the term recognition has two meanings. Professional recognition involves verifying the existence of certain qualifications and the professional aptitude needed to gain access to a regulated activity and to pursue that activity. The professional recognition of diplomas with a view to exercising a profession in another Member State is subject to Community rules.

The Commission cannot therefore at this stage rule out the possibility that, although Mr Vinci requested academic recognition of his qualifications, he may in fact by interested in professional recognition, which would then be subject to Community provisions specific to this area of free movement of persons.

The Commission will contact the Honourable Member directly to clarify the circumstances and to inform her of the Community law provisions which would be likely to apply to Mr Vinci's situation.