WRITTEN QUESTION P-3035/01

by José Pomés Ruiz (PPE-DE) to the Commission

(23 October 2001)

Subject: European degrees in psychomotricity

On 17 April 1986, the University of Pau and Pays de l'Adour (UPPA) signed an agreement with the Pau Institute of Psychomotricity (IPP), whereby students trained at the latter obtained the French State Diploma in Psychomotricity from the UPPA.

The Colegio Carlos III of Pamploma (Spain) signed an agreement with the IPP and then with the UPPA on 3 October 1990, whereby students might be awarded a university degree (diplomatura) in psychomotricity, within the framework of a European diploma conferred and guaranteed by the UPPA and the IPP.

At the end of their course of studies, the Spanish students received a certificate as an attestation (certificate) and not a diplomatura (degree), as a result of which they want to take the Colegio Carlos III to court, a demand which is seen as not being in the interests of the College. The UPPA and the IPP have washed their hands of the matter.

What is the Commission's opinion of the University of Pau and Pays de l'Adour's action, given the existence of the agreement signed between the two institutions and of Directives 89/48/EEC(1) and 92/51/EEC(2) which envisage a general system for the mutual recognition of degrees in the Member States?

(1) OJ L 19, 24.1.1989, p. 16.

(2) OJ L 209, 24.7.1992, p. 25.

Answer given by Mrs Reding on behalf of the Commission

(21 November 2001)

There are two types of procedure for recognition of qualifications with different objectives: the academic recognition procedure and the professional recognition procedure. The former concerns the recognition by a Member State of academic qualifications obtained in another Member State for allowing a person to undertake further studies. It essentially is governed by national law or agreements between Member States.

Professional recognition aims to facilitate the free movement of workers and the self-employed within the Community. It concerns the recognition of the qualifications required for access to the professions in different Member States and is governed by Community law(1). The purpose of this procedure is to allow persons who are fully qualified to practice a given profession in a Member State to have access to the same profession in another Member State. It is a pre-condition for the application of the directives that the migrant is fully qualified to exercise the profession in the Member State of origin (the Member State in which the qualification has been awarded).

The directives cited in the written question are therefore not applicable in the present case.

The written question does not refer to a state measure but to an agreement between universities. The subject of the question falls outside Community competence and should be dealt with through the existing means of redress at national level, on the basis of national law.

(1) 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, and Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC.