WRITTEN QUESTION No. 3770/97 by Cristiana MUSCARDINI to the Commission. Admission to the legal profession
Date: 1997-11-21
Institutions: European Parliament, MUSCARDINI
Subjects: access to a profession, diploma, free movement of persons, freedom to provide services, higher education, lawyer, professional qualifications, recognition of diplomas, right of establishment, vocational training

C 174/122

EN

Official Journal of the European Communities

8. 6. 98

In addition, the Member States are required to report to the Commission at regular intervals on the practical
implementation of the directives(cid:146) provisions. As soon as these reports become available, copies will be sent to the
Parliament, the Council and the Economic and Social Committee, together with the Commission report based on
the information contained in them.

(1)  OJ C 332, 3.11.1997.

(98/C 174/187)

WRITTEN QUESTION E-3767/97

by Cristiana Muscardini (NI), Amedeo Amadeo (NI)
and Marco Cellai (NI) to the Commission

(21 November 1997)

Subject: Disciplinary measures

Referring to the fact that some Commission officials were found to have been implicated in the BSE scandal, the
Commission President, Mr Santer, told Parliament that the exact extent of the blame could not be established,
because the Staff  Regulations  of officials,  in their present form, made it impossible to bring guilt to light or
impose penalties even in cases of serious professional misconduct.

It is already permitted under the Staff Regulations to issue written warnings or reprimands, defer an official(cid:146)s
advancement  to  a  higher  step  or  downgrade  him,  or  remove  him  from  his  post  and,  if  deemed  appropriate,
withdraw his entitlement to retirement pension.

1.  Will the Commission therefore enforce the above disciplinary measures already provided for in the Staff
Regulations in order to punish those found to have been gravely at fault once the actual shortcomings have
been brought to light?

2.  Will  it  seek  to  maintain  its  right  of  initiative  in  matters  connected  with  the  Staff  Regulations,  without
detracting from the necessary requirements of transparency and equity intended to preserve and defend the
European Civil Service?

Answer given by Mr Liikanen on behalf of the Commission

(18 December 1998)

1.
The disciplinary penalties that may be imposed on officials and temporary staff are governed by Articles 86
et seq. of the Staff Regulations of Officials of the European Communities and Annex IX thereto, applicable by
analogy to other servants, and may be ordered only after a procedure specified in meticulous detail has been
followed; the sine qua non is that the official or member of temporary staff must have committed a serious breach
of his or her obligations under the Staff Regulations.

President  Santer  has  never  stated  that  it  was  not  possible  for  him  to  bring  the  guilt  of  certain  Commission
officials to light in the BSE scandal. He did inform Parliament(cid:146)s Committee of Inquiry that the Commission had
caused a thorough investigation to be undertaken and had found no valid evidence to support the opening of
disciplinary proceedings against Commission officials.

2.
The Commission wishes to assure the Honourable Member that it will defend its right of initiative in all
areas where it enjoys such a right under the Treaties, including, of course, the provisions of the Staff Regulations.

(98/C 174/188)

WRITTEN QUESTION E-3770/97

by Cristiana Muscardini (NI) to the Commission

(21 November 1997)

Subject: Admission to the legal profession

Liberalization of the legal profession in Europe poses a serious risk of systematic abuses to the extent that new
law graduates might seek to obtain their qualification to practise in a country where the conditions of admission
were  easier  and  later  move  on  to  practise  in  another  country  which  imposed  more  stringent  entrance
requirements.