WRITTEN QUESTION E-2261/99

by Marie Isler Béguin (Verts/ALE) to the Commission

(13 December 1999)

Subject: The recognition of foreign diplomas

The EC Treaty, which provides for the free movement of workers, freedom of establishment and freedom to provide services as well as the general recognition of educational or professional training qualifications, is not respected.

According to the system for recognition of foreign diplomas, the host Member State cannot deny European citizens access to a profession covered by European legislation if they are qualified to exercise that profession in their native country. At present, the harmonisation and recognition of foreign diplomas of Member States have not yet been brought up to date for example, the nursery school teacher's diploma (Belgium-France), the diploma in architecture (France-Greece), etc.

These administrative practices bring about situations of social and professional exclusion at the heart of a Europe which advocates the elimination of frontiers.

The Commission has decided to bring France and Greece before the European Court of Justice for infringement of Community legislation.

What are the steps to be taken and what are the appeal options open for European citizens who are refused a job on the grounds that they do not hold a recognised foreign diploma?

Answer given by Mr Bolkestein on behalf of the Commission

(20 January 2000)

The general system is based on the concept of mutual recognition which implies the assumption that national qualifications within the Community can be considered to be of equal value. This principle has been applied to those regulated professions for which the minimum training required has not been co-ordinated at the Community level(1). The host Member State has to compare the qualification of an applicant from another (the home) Member State with its own requirements. In case of significant differences, the host Member State may require an aptitude test, an adaptation period or professional experience.

Each Member State is responsible for the implementation of Community law within its own legal system. The directives creating the general system, which have been implemented almost completely by all Member States, are mainly Council Directive 89/48/EEC of 21 December 1988 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(2) and Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recongition of professional education and training to supplement Directive 89/48/EEC(3). Directive 89/48/EEC has not yet been completely implemented in Greece. The Commission has referred the matter to the Court of justice and asked for a penalty payment pursuant to Article 228(2) EC Treaty (ex Article 171). Furthermore, the basic rights of citizens under the general system are directly applicable in the Member States. Thus, citizens can claim these rights before national courts and can make use of national legal remedies, which must be available in each Member State(4). It is essentially up to the national courts to find out whether, in an individual case, Community law has been infringed by national authorities. In this context, national courts can ask the Court of justice to issue a preliminary ruling on the interpretation of Community law.

Under the Treaties, the Commission is responsible for ensuring that Community law is correctly applied. Consequently, where a Member State fails to comply with Community law, the Commission has powers of its own (action for non-compliance) to try to bring the infringement to an end and, where necessary, may refer the case to the Court of justice. The Commission takes whatever action it deems appropriate in response to either a complaint or indications of infringements which it detects itself. It should be noted that, for individual cases, infringement proceedings initiated by the Commission do not have the same legal effect as a national legal action and can therefore not replace it.

Anyone may lodge a complaint with the Commission against a Member State for any measure (law, regulation or administrative action) or practice attributable to a Member State which they consider incompatible with a provision or a principle of Community law. Complainants do not have to demonstrate a formal interest in bringing proceedings. Neither do they have to prove that they are principally and directly concerned by the infringement. To be admissible, a complaint has to relate to an infringement of Community law by a Member State. It cannot therefore concern a dispute between private individuals.

Citizens whose diplomas are not recognised can consult the national contact points for the recognition of diplomas, a list of which is available at all of the information offices of the Commission. Individuals can

also get information on their rights under Community law through the Signpost Service (providing toll-free phone numbers in all Member States) or via the Internet.

(1) The general system is not applicable to professions for which specific Community legislation harmonising the minimum qualification requirements has been passed (for example: doctors, general care nurses, midwives, dentists, pharmacists and to some extent also architects). For those professions, automatic recognition is foreseen.

(2) OJ L 19, 24.1.1989.

(3) OJ L 209, 24.7.1992.

(4) See Article 8(2) of Directive 89/48/EEC and Article 12(2) of Directive 92/51/EEC.