WRITTEN QUESTION E-2764/02

by Bart Staes (Verts/ALE) to the Commission

(1 October 2002)

Subject: Language discrimination inquiry into the recruitment of native speakers

According to its answer to Written Question E-0941/02(1), the European Commission acknowledges that the phrase native speaker is not acceptable, under any circumstances; under Community law. On the other hand, the Commission does not want to prohibit the use of the term in job advertisements. Furthermore, it wants to use its powers to fight against any discrimination caused by a requirement fornative speakerknowledge in job advertisements. At the same time, it recommends using a phrase such as perfect or very good knowledge of a particular language.

1. Is the Commission aware that the simple replacement of one phrase by another does nothing to resolve the substantive problem?

2. Is it also aware that most employers looking for a native speaker while not admitting it explicitly in fact only invite native speakers to apply?

3. Has the Commission already conducted an investigation into this phenomenon?

(a) If not, why not? Does it intend to make this form of discrimination into the subject of an investigation?

(b) If so, what were the findings of the investigation, and what conclusions may be drawn therefrom with regard to policy proposals?

(1) OJ C 229 E, 26.9.2002, p. 161.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(11 November 2002)

The Commission is of the opinion that a native speaker condition contained in recruitment announcements is not acceptable under Community rules on free movement of workers, as it is unlawfully discriminatory. Therefore the Commission considers that the use of this term in job advertisements is prohibited by Community law. This has been explained, inter alia, in numerous replies to written questions, to non-governmental organisations and to the Advisory Committee on Free Movement of Workers (representatives of the Member States and the Social Partners).

However, a requirement for perfect or a very good knowledge of a particular language cannot be seen, as such, as illegitimate under Community law provided that a very high level of knowledge of a particular language is necessary for the post concerned; the employer has to justify the need for this requirement.

There is a clear difference between a native speaker condition and a requirement for perfect or a very good knowledge of a particular language provided that a very high level of knowledge of that language is necessary for the post concerned and that the employer can justify the need for this requirement. If a migrant worker considers that a private employer, although asking for a perfect or very good knowledge of a particular language, is only looking for a native speaker and therefore violates Community law, the national courts have to evaluate this case individually according to the facts.

The Commission uses its powers to fight against any discrimination caused by a requirement for native speaker knowledge in job advertisements. Within the limits of its powers, it is currently investigating such job advertisements which have been published by one Member State's public authorities. The investigations have not been finalised; in view of the results, the Commission will then decide about the next steps to take.