WRITTEN QUESTION E-0516/97 by Cristiana Muscardini (NI) to the Commission (20 February 1997)

Subject: Recognition of university diplomas

As the Commission no doubt knows, diploma courses, otherwise known as 'short degrees', were introduced in many university faculties in Italy a few years ago.

However, holders cannot yet be entered either on new professional registers based on the qualifications provided by the various courses, since such registers have yet to be set up, or on existing professional registers. A holder of a diploma in infrastructure engineering, for example, who has completed his studies at an engineering faculty, cannot be entered on the engineers' professional register (which is restricted to full degree-holders) or the register for surveyors (for which only a school leaver's certificate is required). As a result, holders of such diplomas are not even able to practise in a self-employed capacity or take part in public service competitions.

The incomprehensible legal vacuum which exists unjustly penalizes young holders of 'short degrees', who are unable to make a rapid start to their professional careers.

Given the above, can the Commission state:

1. whether the above diplomas have been recognized within the EU and whether Italian holders may enjoy freedom of establishment?

2. what action it intends to take - if they have not been recognized - to put an end to such unfair discrimination?

Answer given by Mr Monti on behalf of the Commission (3 April 1997)

There are no Community rules for most professions (except for those covered by the 'sectoral' Directives that contain certain minimum conditions: these mainly concern the health sector). Each Member State is therefore responsible for everything concerning the regulation of the professions, access to and pursuit of them. Thus it falls within the competence of each Member State to define, where appropriate, methods of training and professional status.

Consequently, the fact that holders of certain diplomas are unable to register with a specific professional organization cannot be considered, as such, to be discrimination under Community law.

The freedom of movement of these professionals is governed by Community law on the subject, and in particular by the general system for the recognition of diplomas. This system is applicable, if certain conditions are satisfied, to all professions not covered by a specific Directive.

The Directives which have created this system are Directive 89/48/EEC 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. )), and Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/49/EEC ((OJ L 209, 24.7.1992. )). The applicability of one Directive rather than another in a specific case depends on the level of the diploma required to take up a certain profession. More particularly, the first Directive covers university-level training, while the second covers diplomas awarded on completion of professional or vocational training courses which are not covered by Directive 89/48/EEC, of a secondary or technical level or post-secondary level and of at least one year's duration (school leaver's certificate +1 or 2).

The system is applicable whenever there is, in a Member State, a regulated profession, i.e. a profession the taking-up of which is subject, by virtue of laws or administrative provisions, to the possession of a diploma. The basis of recognition is the identity between the professional activity for which the migrant has been trained in the Member State from which he comes and the activity he wishes to pursue in the host Member State. The system does not oblige the Member States to regulate the pursuit of the professions which might be covered by the Directives nor does it coordinate training courses. These Directives are confined to explaining the necessary and sufficient conditions that an applicant must satisfy in order to receive recognition. The Member States remain completely free to set the level of the minimum qualifications that may be required for the taking-up and pursuit of a profession.

There is also provision for 'compensation measures' (aptitude test or adaptation period, at the choice of the migrant) in order to remedy the substantial inequalities that may exist between the various types of professional training. For the general system for the recognition of diplomas to be applicable, the migrant must be a 'fully qualified professional' in his country of origin, i.e. he must, in addition to having obtained his diploma, have completed all the formalities and steps necessary in order to have full access to the profession that he wishes to pursue in the country from which he comes.

Since the situation reported by the Honourable Member is not contrary to Community law, the Commission does not intend to take any action.