EN Official Journal of the European Union CE 33/201

(2004/C 33 E/204)

WRITTEN QUESTION E-2018/03

by Bart Staes (Verts/ALE) to the Commission

(17 June 2003)

Subject: Language discrimination — native speakers

In its reply to Question E-2764/02 (1), the Commission acknowledges that ‘a “native speake” condition contained in recruitment announcements is not acceptable under Community rules on free movement of workers, as it is unlawfully discriminatory. Therefore the Commission considers that the use of this term in job advertisements is prohibited by Community law.’

In the same reply, the Commission states that it is investigating ‘such job advertisements which have been published by one Member State's public authorities’. On 11 November 2002, the investigations had ‘not been finalised’, but once they had, the Commission would then decide about the next steps to take.

On 7 April 2003, Cedefop advertised a vacancy for ‘an English mother-tongue secretary’ (see also: http://www.cedefop.eu.int/download/banner/secretary_EN_0403.pdf).

1. Is the Commission aware of the advertising of this vacancy? If so, what steps has it taken or will it take to ensure that it is or was possible to fill this vacancy without these discriminatory conditions? What is the mother tongue of the person who has been or will be recruited? How can the Commission show that the ultimate recruitment was completely language-neutral? What steps has the Commission taken to prevent such cases from recurring — in Europe in general and at Cedefop in particular?

2. Can the Commission outline the progress made in its investigation into job advertisements which mention native speakers? Has it arrived at any findings? If so, what conclusions has the Commission been able to draw from them? If not, why are these findings taking so long to obtain, and approximately when will they be known?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(1 August 2003)

1. In reference to the first question concerning an advertised vacancy for ‘an English mother-tongue secretary’ the Honourable Member is referred to the Commission's reply to Written Question E-1733/03 by Mr Leinen (2).

2. As far as the more general issue raised is concerned, the Commission has finalised its investigations into a complaint concerning several job offers which had been published by one Member State's public authorities. In their reply to the Commission the authorities of the Member State concerned made it clear that they share the opinion of the Commission that the use of such terms as ‘mother tongue’ or ‘native speaker’ in job offers violates Community law on free movement of workers. They further informed the Commission that information and circular letters have been sent to the organisations concerned in order to avoid that in future such job offers will be published. The Commission considers that the position of the authorities of the Member State concerned and the measures taken bring the behaviour of these administrations into line with Community law on free movement of workers. In April 2003 the complainant was informed accordingly. The Commission would also like to reiterate its intention to use its legal powers to fight against the use of a ‘native speaker’ criterion in job advertisements, if necessary.

(1) OJ C 92 E, 17.4.2003, p. 207.

(2) OJ C 11 E, 15.1.2004, p. 221.