WRITTEN QUESTION No. 1467/97 by Giovanni BURTONE to the Commission. Violation of Article 48 of the TEU
Date: 1997-04-30
Institutions: Provisional data
Subjects: Italy, Sicily, Treaty on European Union, access to a profession, free movement of persons, infringement of EU law, physician, vocational training













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91997E1467

WRITTEN QUESTION No. 1467/97 by Giovanni BURTONE to the Commission. Violation of Article 48 of the TEU  


Official Journal C 319 , 18/10/1997 P. 0250 





WRITTEN QUESTION E-1467/97 by Giovanni Burtone (PPE) to the Commission (30 April 1997)Subject: Violation of Article 48 of the TEUCommunity Directive 82/76/EEC ((OJ L 43, 15.2.1982, p. 21. )) laid down rules governing the training of specialist doctors with a view to harmonizing professional standards and medical specializations throughout the Community. This directive was transposed by Italy by means of laws reforming the public health system and medical specialization establishments (Article 15(3), DGLS, 517/93 DGLS 257/91).The Community legislation is intended to guarantee freedom of movement for Community specialists in medicine within the health services of the various Member States.A series of legislative and administrative provisions issued by Italian Central Government (DL 478/96, L 4/97) and the Sicily Region (DA 17.10.1996 and related administrative regulations) have seriously infringed the Community legislation and the aforementioned harmonization principles.The Sicily Region has, on the basis ofan ambiguous (and illegal, even within the Italian system) act confirming previously existing derogation mechanisms, filled posts in the medical sector relating to prevention services which, under the terms of the Community directive, may be allocated solely to persons holding a specialist diploma obtained from educational establishments organized according to the standards laid down by the directive in the various Member States.This entails an enormous waste of Community resources designed to finance specialist medical training (hygiene, paediatrics, etc.). It also represents a violation of the right of specialist doctors holding diplomas issued by European establishments in compliance with Community standards to fill medical posts in prevention services in the Sicily Region insofar as the Sicily Region has, by successive laws and administrative regulations, reserved all available posts in these medical services for doctors who do not hold the necessary Community title and specialization. This therefore constitutes a violation of the principle of freedom of movement for qualified Community doctors.Does the Commission agree that in view of the above-mentioned legislation and administrative regulations issued by the Italian Government and the Sicily Region, infringement proceedings should be instituted against the Italian State, pursuant to Article 169 of the Treaty, for violation of Directive 82/76/EEC and Article 48(2) of the Treaty through the issuing of state legislation (DL 478/96, L 4/97) and legislative and administrative provisions of the Sicily Region (DA 17.10.1996)?Answer given by Mr Monti on behalf of the Commission (21 May 1997)The Commission has asked the Member State concerned for information regarding the facts raised to by the Honourable Member. It will inform him of its findings.