WRITTEN QUESTION E-2107/97 by Gérard Caudron (PSE) to the Commission (23 June 1997)

Subject: Harmonization of diplomas - rules governing the profession of special needs teacher

It is well known that the harmonization of diplomas is essential in the interests of promoting a genuine sense of European citizenship.

Regular progress has been made in this area, but as time goes by a number of professions are becoming very disillusioned with regard to the true effectiveness of European integration.

This is true of special needs teachers in France, where the profession is not regulated and any Community citizen who is a special needs teacher in his country has to convince prospective employers of the value of his training and skills in order to find employment in France.

There is no need to spell out the difficulties which have arisen as a result.

What measures will the Commission take to harmonize diplomas for professions not subject to regulation in certain Member States?

Will the Commission take up the question of special needs teachers with the French Government?

Finally, will the Commission report on the general progress achieved as regards the harmonization of diplomas and professions?

Answer given by Mr Monti on behalf of the Commission (1 August 1997)

The Commission would point out first of all that, under Article 126 of the EC Treaty, the content of teaching and the organisation of education systems are matters for the Member States. It does not therefore have the power to impose harmonisation of training for special needs teachers in the Member States.

However, the fundamental freedoms established by the Treaty do include the free movement of workers, the right of establishment and the freedom to provide services, and, if these freedoms are to be exercised effectively, standards relating to the recognition of qualifications obtained in other Member States are essential. Several directives on the recognition of qualifications have been adopted for this purpose. The aim of the 'general system' directives ((Directive 89/48/EEC of 21 December 1988 (OJ L 19, 24 January 1989) and Directive 92/51/EEC of 18 June 1992 (OJ L 209, 24 July 1992). )) is to introduce a system for the recognition of qualifications for professional purposes, while respecting national jurisdiction in the field of education. Each Member State is still free to decide whether or not professions will be regulated and to specify the level of qualifications required to exercise a given profession on its territory. The above directives established a system whereby a diploma giving access to a particular profession in the Member State in which it was awarded should, in principle, be recognised as granting access to the same profession in the host country, despite differences between education systems. The emphasis is therefore on the area of competence (the professional activity a person is entitled to exercise) rather than the content of education or training.

It is correct that these directives apply only to the regulated professions, that is, professions the pursuit of which is subject by virtue of laws, regulations or administrative provisions to possession of a diploma. In the case of non-regulated professions, the lack of a national diploma does not constitute a legal obstacle to the right to carry on the activity in question, since holders of qualifications obtained in another Member State are not even required to undergo a procedure for the recognition of their diplomas. In this case, access to the profession is governed by the rules of the labour market and by developments on that market, and not by legal constraints concerning qualifications. A problem which can still arise, however, is that of the de facto recognition of qualifications obtained in an education system with which potential employers are not familiar. To remedy this situation, the Commission is currently examining with the Member States the creation of a 'supplementary diploma'. This document, in the form of an annex to the diploma, would contain a description of the course followed by the holder and would facilitate recognition, particularly in the non-regulated professions.

In any event, it is clear from the judgment by the Court of Justice of 1 February 1996 in case C-164/94 (Aranitis v Land Berlin) that 'even if the directive [Directive 89/48/EEC] is not applicable, (...) the Member States are required by Article 48 of the EC Treaty to secure freedom of movement for workers within the Community and by Article 52 to secure their freedom of establishment'. In this judgment, the Court added that, in the case of the non-regulated professions, 'the competent authorities of the host Member State responsible for classifying the nationals of other Member States, which will affect their chances of finding work on the territory of the host Member State, are required when carrying out that classification to take into consideration the diplomas, knowledge, qualifications and other evidence of qualifications that the person concerned has obtained in order to pursue a profession in the Member State of origin or from which he comes'.

According to information received from the French Ministry of Labour and Social Affairs, the profession of special needs teacher is not regulated in France and there is no national obstacle to the exercise of this profession on French territory. The Commission has approached the French authorities, asking them to make it quite clear to individuals in possession of diplomas awarded in other Member States that there is no legal obstacle to the exercise of this profession and that they do not even have to apply to have their diplomas recognised.

The Commission is, of course, willing to examine any complaint from individuals who, in breach of the Treaty articles relating to freedom of movement as interpreted by the courts, have found themselves at a disadvantage in comparison with holders of national diplomas simply because their qualifications were obtained in another Member State.