WRITTEN QUESTION No. 481/99 by Cristiana MUSCARDINI Automatic deportation of migrant workers
Date: 1999-03-05
Institutions: European Parliament, MUSCARDINI
Subjects: Germany, Italy, discrimination on the basis of nationality, free movement of workers, infringement of EU law, migrant worker, petition, public safety, removal, residence permit

C 341/124

Official Journal of the European Communities

EN

29.11.1999

(1999/C 341/174)

WRITTEN QUESTION E-0479/99

by Jesús Cabezón Alonso (PSE) to the Commission

Subject: Incorporation of Directive 93/16 into Spanish law

(5 March 1999)

The European Parliament’s Committee on Petitions has deemed admissible Petition No 605/98 on the
inadequate incorporation into Spanish law of Directive (EEC) 93/16 (1), which has the effect of putting certain
professional groups at a disadvantage when they seek recognition of their qualifications.

Can the Commission say whether or not their complaint is justified? Has Directive 93/16 been properly
incorporated in its entirety into Spanish national law? If it has not, in what respects is the incorporation
deficient, what attitude may the Spanish Government be expected to adopt and what procedures will be
applied by the Community authorities if the situation needs to be remedied?

(1) OJ L 165, 7.7.1993, p. 1.

Answer given by Mr Monti on behalf of the Commission

(27 April 1999)

Directive 93/16/EEC, which is referred to by the Honourable Member, provides for the automatic recognition
of a number of qualifications in specialised medicine mentioned specifically by Article 5 or Article 7 of the
Directive. Medical specialisations which are not listed in Directive 93/16/EEC must be examined on an
individual basis. In their examination, the authorities of the host Member State must compare the training
undergone in the Member State of origin or provenance with their own training requirements. If necessary,
additional training can be required under Article 8 of Directive 93/16/EEC.

The Commission confirms that a number of doctors holding specialist qualifications awarded in a Member
State other than Spain have had severe difficulties in having their qualifications recognised by the Spanish
authorities. Some doctors are still awaiting a decision.

The Commission has initiated infringement proceedings against Spain as provided for in Article 169 of the EC
Treaty for incorrect transposition of Article 8 and failure to transpose Article 18 of Directive 93/16/EEC.
Having found the reply of Spain to the reasoned opinion delivered during these proceedings to be
unsatisfactory, the Commission has decided to bring the matter before the Court of Justice.

(1999/C 341/175)

WRITTEN QUESTION E-0481/99

by Cristiana Muscardini (NI) to the Commission

(5 March 1999)

Subject: Automatic deportation of migrant workers

The Baden-Württemberg Minister of Justice, Mr Goll, and in particular Mr Knapp, the judge empowered to
represent him, have publicly stated that they have been applying an ‘automatic deportation’ system to migrant
workers and all other foreign nationals accused of infringing Article 56 of the Treaty, which admittedly allows
deportation on grounds of public policy or public security, but only in cases where the incidents and actions in
question constitute a grave danger to the host State.

It does not seem that any such danger could be posed by workers from EU Member States, who, by acting in a
spirit of selfless renunciation, have done credit to their countries of origin and helped to foster progress in the
countries where they live and work.

The attitude of the German authorities is reflected in their management of residence permits, in which the
philosophy underlying Community legislation is being exploited for domestic policy ends and which,
moreover, is incompatible with the Treaty to the extent that it fails to distinguish between workers from
Community Member States and those from other countries for the purposes of deportation on grounds of
public policy and thus discriminates against Community migrants in relation to other European citizens.