WRITTEN QUESTION No. 3558/97 by Riccardo NENCINI to the Commission. Equivalence of diplomas in Europe
Date: 1997-11-04
Institutions: European Parliament, NENCINI
Subjects: Italy, Spain, equivalence of diplomas, free movement of workers, job access, recognition of diplomas

8. 6. 98

EN

Official Journal of the European Communities

C 174/77

Although the Commission tabled a recommendation in 1992 for such transport negotiations with a number of
countries, including Russia, the Council has so far not authorised negotiations. The matter of the weight limit
applying in Russia to Finnish commercial vehicles remains therefore one which must be addressed by the Finnish
authorities.

It  should  be  noted  that  the  weight  limit  for  third  country  vehicles  entering  the  Community  is  forty  tonnes,
although individual Member States may, on a non-discriminatory basis, authorise vehicles with a higher limit to
circulate on their own territory.

The Commission will naturally continue to press the Russian authorities, on every possible occasion, to ensure
that any changes to regulations are introduced with sufficient notice and on an acceptable and non-discriminatory
basis.

(98/C 174/123)

WRITTEN QUESTION P-3558/97

by Riccardo Nencini (PSE) to the Commission

(4 November 1997)

Subject: Equivalence of diplomas in Europe

Ms Cristina Ruiz Mart(cid:14)‘, a Spanish national, applied to take part in a selection competition for a post as library
assistant at the University of Florence; in her application, she requested recognition of the equivalence of her
secondary education diploma. Decree Law No 29 of 3 February 1993 refers to the procedure for establishing the
equivalence of diplomas awarded on completion of secondary education. However, the procedure specified in
that legislation has never been implemented, with the result that, according to the Spanish Consulate General, no
Spanish citizen who has submitted a declaration concerning the equivalence of secondary education diplomas
issued by the Italian Consulate has ever been allowed to take part in a public competitive examination.

So  Ms  Ruiz  Mart(cid:14)‘(cid:146)s  application  was  rejected  because,  although  she  had  provided  all  the  documentation
requested, it was impossible in practice to establish the equivalence of her diploma as there was no organization
in Italy capable of doing so.

What action does the Commission intend to take to resolve this question, which involves a serious and recurrent
infringement of fundamental rights?

Answer given by Mr Monti on behalf of the Commission

(6 January 1998)

Decree-Law No 29 of 3 February 1993, to which the Honourable Member refers, lays down in Article 37(1) the
right of Community citizens to sit examinations for public-sector jobs in Italy that do not entail the exercice of
public authority. Article 37(3) provides for the adoption by the Government of a procedure for recognising the
equivalence of study qualifications, thereby making it easier for Community nationals to sit such examinations.
According  to  the  Honourable  Member,  the  implementing  provisions  for  the  Decree-Law  have  not  yet  been
adopted.

Under Article 48 of the EC Treaty, which concerns freedom of movement for workers, as interpreted in case
law (1), the Italian authorities are required, even if there are no national rules on equivalence procedures, to take
account of qualifications obtained in another Member State and to compare the education or training acquired by
the  migrant  with  that  required  in  the  host  Member  State.  That  Article  may  also  be  relied  upon  directly  by
individuals before the national courts.

The Commission has already contacted the Italian authorities with a view to finding a solution to this problem.

(1)  See in particular the judgments in Heylens (Case 222/86) and Vlassopoulou (Case C-340/89).