WRITTEN QUESTION P-3320/01

by Jorge Moreira Da Silva (PPE-DE) to the Commission

(22 November 2001)

Subject: Recognition of degrees in medicine in the European Union

The Commission is no doubt aware of the serious problems which have arisen in recent years in European Community Member States with regard to recognition of the equivalence of medical degrees obtained in Eastern European countries, including Russia.

Can a national of an EU Member State who holds a degree in medicine from an Eastern European country (Poland, Russia) as well as a Certificate of Equivalence of university qualifications issued by the Ministry of Education of a Member State obtain automatic recognition of the university qualifications in the other EU Member States?

Answer given by Mr Bolkestein on behalf of the Commission

(18 December 2001)

The European Court of Justice has already on several occasions treated the question of diplomas awarded outside the European Economic Area held by citizens of one of the Member States; this concerns particularly holders of one of the diplomas of the so-called sectoral directives, including the Doctor's Directive, Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications(1).

In its judgement Haim I the Court of Justice stated [] that recognition by a Member State of qualifications awarded by non-member States, even if they have been recognised as equivalent in one or more Member States, does not bind the other Member States.(2) However, the host Member State is obliged to examine if [] the experience already established by the person concerned [] in another Member State, corresponds to that required.

In a recent judgement the Court of Justice has had the occasion to specify further the obligations of the host Member State under the EC-Treaty. In the case Hocsman(3) it is stated, that Article 52 of the EC Treaty

(now, after amendment, Article 43 EC) is to be interpreted as meaning that where [] a Community national applies for authorisation to practise a profession access to which depends, under national law, on the possession of a diploma or professional qualification, or on periods of practical experience, the competent authorities of the Member State concerned must take into consideration all the diplomas, certificates and other evidence of formal qualifications of the person concerned and his relevant experience, by comparing the specialised knowledge and abilities certified by those diplomas and that experience with the knowledge and qualifications required by the national rules.

By Directive 2001/19/EC of the Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor(4) which has to be implemented by Member States by the latest on 1 January 2003 Article 42c has been introduced into Directive 93/16/EC. It states that Member States shall examine diplomas, certificates and other evidence of formal qualifications in the field covered by this Directive obtained by the holder outside the Union in cases where those diplomas, certificates and other evidence of formal qualifications have been recognised in a Member State, as well as of training undergone and/or professional experience gained in a Member State. The Member State shall give its decision within three months of the date on which the applicant submits his application together with full supporting documentation. Furthermore, the host Member State is obliged to give the reasons for the decision and the migrant has a right of appeal before the courts under national law. By enshrining these obligations directly in the directive, the Community legislator has considerably contributed to legal certainty for situations described by the Honourable Member.

(1) OJ L 165, 7.7.1993.

(2) ECJ Case C-319/92 (HAIM I).

(3) ECJ Case C-238/98 (Hocsman).

(4) OJ L 206, 31.7.2001.