WRITTEN QUESTION P-0640/00

by Lissy Gröner (PSE) to the Commission

(28 February 2000)

Subject: Access to the EU interpreting service

1. In addition to the conditions set out in the notice of competition, candidates for competition COM/LA/1051 for interpreters at the Commission were required to meet the further requirement of having followed a higher-education course lasting at least four years, a requirement of which they were not informed until their applications were rejected. How does the Commission explain this poor treatment of candidates?

2. What educational requirements specific designation of diploma and type of higher-education establishment and minimum duration of higher-education studies were met by applicants from the various Member States who were admitted to competition COM/LA/1051 and to previous interpreting competitions?

3. According to paragraph II.B.2 of the notice of open competition COM/LA/1051, the jury was to take account of the different education systems when making its selection.

(a) Does the Commission base this decision on Directive 89/48/EEC and on the minimum duration for higher-education studies specified therein?

(b) How does it justify any deviation from full application of that Directive?

(c) If there is any deviation from the above Directive, how does the Commission justify placing graduates of German colleges of higher education (Fachhochschulen) at a disadvantage by comparison with graduates of higher-education establishments in other Member States whose diplomas, recognised as equivalent under the Directive, do not set higher requirements than these German colleges?

(d) What steps are taken to ensure the greatest possible transparency and legal certainty for applicants where additional criteria and rules are applied?

4. How many graduates of German Fachhochschulen are employed by the Commission in categories A and LA (apart from national experts) without having been required to provide education certificates in addition to their college diploma?

5. How many of the staff employed in categories A and LA graduated from British and Irish universities with a bachelor's degree and were not required to provide any further certificates of education?

Answer given by Mr Kinnock on behalf of the Commission

(7 April 2000)

The notice of competition for COM/LA/1051(1) set out under point II.B.2 that candidates must have completed a course of university studies: Die Bewerber müssen ein abgeschlossenes Hochschulstudium nachweisen. The selection board, which operates autonomously within the limits set by the notice of competition, always decides about the admission of each individual candidate, taking into account differences in education systems and the principle of equal treatment of candidates.

In observing the requirement that candidates had followed a higher education course lasting at least four years, the selection board acted in accordance with the principles applied by the Commission. The Commission requires candidates for the category A/LA to possess a university diploma giving access to doctoral studies. In case of German Fachhochschulen, the Commission takes into account the German law Hochschulrahmengesetz (HRG) of 1976 (which regulates Universitäten, Pädagogische Hochschulen, Kunsthochschulen, Fachhochschulen). This law defines Hochschulabschluss without distinguishing between the different diplomas. The Commission consequently accords the right to participate in an A/LA competition to candidates submitting a German diploma of at least four years (eight-semester) duration. The Commission recognises differences between educational systems in Member States. In some cases, the standard length of degree offering access to doctoral studies is shorter than four years, and the Commission therefore accepts these particular degrees.

As outlined above, the Commission is aware of the fact that under German law the requirement Nachweis eines abgeschlossenen Hochschulstudiums principally opens the competition for Hochschul- and Fachhochschulabsolventen so that the German applicants to the competition COM/LA/1051 were not aware of further restrictions. The Commission regrets this inadvertent lack of information and, in future competitions, will therefore clarify which further conditions have to be fulfilled in the notice of competition for the different Member States. Accordingly, German applicants will only be accepted for A/LA-competitions if they can provide a Fachhochschulabschluß von 8 Semestern.

1. The conditions set out in the notice of competition and as explained above have been applied equally to all candidates for COM/LA/1051. The selection boards of previous interpreters' competitions, which took place in 11 languages, have taken comparable decisions on the admission of candidates, taking into account differences in education systems of Member States. However, the Commission would like to point out that each competition is dealt with independently.

2. 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(2)) is aimed at the recognition of higher-education diplomas of at least three years' duration, in relation to undertaking regulated profession in one of the Member States. It is however not aimed at

the recognition of academic titles which remains in the competence of Member States. The Commission is of the opinion that Directive 89/48/EEC is not applicable in relation to competitions organised by the European institutions. Instead, in order to decide if a diploma is accepted for access to its public function, the Commission has to base itself on the existing legislation of each individual Member State.

4. In the case of German graduates of Fachhochschulen, to whom the Honourable Member refers in her question, it can be noted that in Germany their diploma does not give them access to a career in the Höherer Dienst, (which is comparable to category A/LA), but to Gehobener Dienst which is comparable to category B at the Commission. In accepting candidates with a Fachhochschule degree of at least four years duration to A/LA competitions, the Commission has been acting in favour of these candidates, with the aim of taking into account differences in education systems in the Member States.

3. and 5. At the moment, no central records exist that allow the requested information to be readily obtained. In future, as part of the Reform process, a database will be established containing profiles of the academic and career qualifications of Commission staff.

(1) OJ C 312, 14.10.1997.

(2) OJ L 19, 24.1.1989.