EN Official Journal of the European Union CE 84/464

(2004/C 84 E/0539)

WRITTEN QUESTION E-0911/03

by Mihail Papayannakis (GUE/NGL) to the Commission

(24 March 2003)

Subject: Delayed recognition of diplomas owing to technicalities

In a recent question (E-0160/03) (1), I asked the Commission to state its views on the unreasonable delays on the part of the Greek authorities in examining applicants for the purpose of recognising their diplomas awarded by other Member States.

However, the reply received from the Commission (7 March 2003) does not appear to answer that question but is extended to cover the implementation of Directive 89/48/EEC (2). Could the Commission therefore answer the question concerning the delays alone?

Answer given by Mrs Reding on behalf of the Commission

(15 May 2003)

There are two types of procedures for recognition of qualifications and they have different objectives: the academic recognition procedure and the professional recognition procedure.

Professional recognition was covered by the first reply of the Commission to the Honourable Member's Written Question E-0160/03 (1).

Academic recognition aims to allow people to pursue their studies in another Member State or to use the academic title of another Member State corresponding to their diploma.

At the present stage of development of Community law, the recognition of diplomas for academic purposes falls within the competence of Member States. There are no Community rules imposing mutual recognition of diplomas. Each Member State is responsible for its own educational system and for the content and organisation of its educational system. There are currently no diplomas that are recognised at European level. Universities that are autonomous institutions are entirely responsible for the content of their curricula and for awarding diplomas and certificates to students.

The authorities of the Member States have the right to require the academic recognition of qualifications before allowing access to education and they can evaluate whether the content of the education received by the holder of a diploma corresponds to the level that is required by the national legislation. They are equally free to fix the rules governing this type of procedure. They are obliged, however, not to apply any direct or indirect discrimination on grounds of nationality, in accordance with Article 12 of the EC Treaty.

The civil engineer to whom the Honourable Member refers is a Greek national who has studied in the United Kingdom.

Dikatsa is the competent authority in Greece for the academic recognition of diplomas.

Although, as stated above, the academic recognition of diplomas falls within the competence of the Member States, it should be examined whether the excessive delays caused by administrative reasons in the academic recognition procedure in Greece may discourage students or professionals wishing to use the academic title of another Member State from exercising their right to free movement. In this case, the excessive length of the academic procedure could pose obstacles to the free movement of students or prevent migrating professionals from having the advantages linked to the use of the academic title of the host Member State.

Freedom to move within the territories of the Member States is one of the fundamental freedoms guaranteed by the EC Treaty (Article 18).

Article 8 of the EC Treaty confers the status of citizen of the Union to every person holding the nationality of a Member State. Hence, the civil engineer, who is of Greek nationality, is a citizen of the Union. As stated by the European Court of Justice (3):

a citizen of the Union must be granted in all Member States the same treatment in law as that accorded to the nationals of those Member States who find themselves in the same situation. It would, therefore, be incompatible with the right of free movement were a citizen, in a Member State of which he is a national, to receive treatment less favourable than he would enjoy if he had not availed himself of the opportunities offered by the Treaty in relation to freedom of movement.

Those opportunities could not be fully effective if a national of a Member State could be deterred from availing himself of them by obstacles raised on his return to his country of origin …

Article 149(2) of the EC Treaty aims to encourage the mobility of students.

On the basis of the above-mentioned considerations, the Commission will contact the Greek Authorities to ask for the reasons for the excessive delays in their academic recognition procedure. The Commission will keep the Honourable Member informed of the evolution of this file.

(1) See page 456.

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

(3) Case C-224/98 (D'Hoop).