WRITTEN QUESTION No. 3863/98 by Luigi FLORIO to the Commission. Recognition of educational qualifications in the EU
Date: 1998-12-09
Institutions: European Parliament, FLORIO
Subjects: EU national, higher education, lawyer, professional qualifications, recognition of diplomas, vocational training

C 182/130

Official Journal of the European Communities

EN

28.6.1999

(1999/C 182/178)

WRITTEN QUESTION P-3863/98

by Luigi Florio (PPE) to the Commission

(9 December 1998)

Subject: Recognition of educational qualifications in the EU

Mr Davide Ferrando, an Italian law graduate living in Germany, recently sought permission to practise as a
lawyer in two German Länder, Hesse and later Lower Saxony.

The answer in both cases was that, because it was made by a person who had not obtained his degree in
Germany, the application was contrary to local legislation, specifically Article 23(I) of Hesse’s law and Article 5
of Lower Saxony’s law on exercise of the legal profession, which stipulate that persons wishing to practise
cannot be permitted to do so unless they hold a degree obtained in Germany.

Does the Commission believe this attitude to be consistent with the principle of mutual recognition of
qualifications within the Union?

Answer given by Mr Monti on behalf of the Commission

(28 January 1999)

Under Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-
education diplomas awarded on completion of professional education and training of at least three years
duration (1), a national of a Member State can take up in another Member State a profession for which he is
entirely qualified in the Member State of origin. This means the national has to meet all requirements there.
However, the person mentioned by the Honourable Member seems not to be entirely qualified as a lawyer in
Italy. The academic degree of a ‘laureato’ is not sufficient to work as a lawyer.

The principle of mutual recognition can be applied to professional qualifications only, but not to academic
qualifications that do not entitle the holder to pursue a profession in the Member State of origin. Academic
recognition is outside the present scope of Community law.

(1) OJ L 19, 24.1.1989.

(1999/C 182/179)

WRITTEN QUESTION P-3864/98

by Christa Randzio-Plath (PSE) to the Commission

(9 December 1998)

Subject: European Parliament and Council Directive on cross-border credit transfers

What is the state of play as regards implementation of Directive 97/5/EC (1) of the European Parliament and of
the Council on cross-border credit transfers, and why, given that the euro is to be introduced on 1 January
1999, is the Commission not doing more to ensure that the Directive is implemented and that the necessary
preparations are made in the Member States?

(1) OJ L 43, 14.2.1997, p. 25.

Answer given by Mr Monti on behalf of the Commission

(28 January 1999)

Directive 97/5/EC must be transposed into national law by 14 August 1999. The Member States had in fact
made a political commitment to adapt their legislation to the Directive before 1 January 1999. In most cases,
however, they did not do so, and, in view of the purely political nature of the said commitment, they cannot be