WRITTEN QUESTION E-4100/00

by Bart Staes (Verts/ALE) to the Commission

(10 January 2001)

Subject: Linguistic discrimination in the European Union

As we move into the European Year of Languages, European organisations are increasingly uninhibited in demanding that their candidates must be English mother-tongue. In this way they are openly discriminating against jobseekers with other languages. English is wrongfully acquiring the status of a dominant language (and culture).

A flagrant example of discrimination against non-English speakers is the vacancy at the Council of European Municipalities and Regions. This umbrella organisation is advertising for a native English-speaker to head its information office in Brussels. As other job advertisements unfortunately make clear, this is not an isolated case. The news weeklies European Voice and The Bulletin regularly feature vacancies for non-governmental organisations and companies requiring English mother tongue as a qualification.

The mother tongue criterion infringes the principle of non-discrimination in the recruitment of staff in European Union countries. Non-English speakers are tending to be excluded from selection procedures, even if they have a more than adequate command of the English language. Speakers of other languages are clearly no longer being considered for certain jobs, and this is happening on the eve of the European Year of Languages.

Does the Commission agree that requiring native English-speakers when recruiting staff in European Union countries is a violation of the principle of non-discrimination? If it does, what steps will it be taking to put a stop to linguistic discrimination of this kind? If it doesn't, what arguments can it put forward to reconcile this requirement with the non-discrimination principle?

Answer given by Ms Diamantopoulou on behalf of the Commission

(21 February 2001)

The Community rules on freedom of movement for workers prohibit not only overt discrimination based on nationality but also covert discrimination which, by applying seemingly neutral criteria, in fact produces the same result. Nevertheless, there is no discrimination in the case of conditions relating to linguistic knowledge required by reason of the nature of the post to be filled(1).

This means that, in certain situations, there could be a justification for requiring job applicants to have linguistic knowledge of a very high level. Nevertheless, the fact that it is impossible to submit proof of this by any means other than that the language is the applicant's mother tongue could be considered disproportionate in relation to the aim in view(2).

The national authorities, including the judicial authorities, of the Member State concerned have to decide, on a case-by-case basis, whether the employer's requirements are compatible with Community law.

Consequently, the Commission is not in a position to intervene in this case.

(1) Cf., in this connection, for employees, the last sentence of Article 3(1) of Regulation (EEC) No 1612/68 (OJ L 257, 19.10.1968).

(2) Cf., in this connection, the judgment of the Court of Justice of 6 June 2000 in Case C-281/98, Angonese, paragraph 44-ECR 2000.