WRITTEN QUESTION E-2535/99 by Heidi Hautala (Verts/ALE) to the Commission. Inequality under the Austrian law on universities.
Date: 2000-01-04
Institutions: European Parliament, Provisional data
Subjects: Austria, competence of the Member States, discrimination on the basis of nationality, educational system, equal treatment, foreign student, higher education, infringement of EU law, national law, recognition of diplomas

C 225 E/160

Official Journal of the European Communities

EN

8.8.2000

Answer given by Mrs de Palacio on behalf of the Commission

(1 February 2000)

The draft Presidential Decree amending Article 5 of Order No 187 of 29 September (cid:129) 3 October 1973
promulgating the code of public maritime law follows up the EC Judgment of 27 November 1997 in Case
C62/96 on the conditions attached to ship registration. That draft was submitted for scrutiny by the
Commission and considered to be in line with Community law and, once it has been published, will enable
the infringement procedure to be filed.

Under Article 43 (former Article 52) of the EEC Treaty, ships belonging to Member State citizens or
companies that have been entered in the Hellenic Register, must be subject to the same conditions as those
applying to all other Greek ships. The provisions of Greek law relating to crew composition, the
introduction of a common working language, the issue of operating licences, safety staff and other
requirements of Greek law will also apply, without distinction, to such ships.

(2000/C 225 E/176)

WRITTEN QUESTION E-2535/99

by Heidi Hautala (Verts/ALE) to the Commission

(4 January 2000)

Subject: Inequality under the Austrian law on universities

Articles 149 and 150 of the Treaty of Amsterdam state that students(cid:146) opportunities to study in other
Member States should be encouraged. Freedom of movement for students and researchers improves
individual citizens(cid:146) freedom of choice and their opportunities for personal development, and enhances
the educational and intellectual resources of the Community.

The Austrian law on universities (Hochschulstudiumsgesetz, S. 7(1)) imposes requirements on applicants
for a study place coming from other Member States different to those imposed on the country(cid:146)s own
nationals.
leaving
In order to obtain a place, Austrians are required to show their (cid:145)general(cid:146) school
certificate. However, a general school leaving certificate issued in Finland, for example, is not regarded as
In practice this
sufficient
requirement has been interpreted as meaning that applicants for a study place must show that they
already have a place to study in the same field at a university in their home country. Only after five years(cid:146)
residence in Austria are other EU nationals freed from this requirement to hold two study places, which
naturally cannot be demanded of Austrians.

leaving certificate must also be shown.

in Austria, and a (cid:145)special(cid:146) school

Is the Commission aware of
the problems caused by the Austrian law on universities? Does the
Commission agree that legislation and practice in Austria hinder the free movement of students instead
of encouraging it and accord differing status to different EU nationals? Does the Commission consider that
the Austrian law on universities is in conflict with Articles 149 and 12 of the Treaty of Amsterdam? Does
the Commission propose to take measures pursuant to Article 226 to remedy the situation?

Answer given by Mrs Reding on behalf of the Commission

(4 February 2000)

The Commission notes that the mobility of students within the Community is based on respect for the
principle of equal treatment in access to education in another Member State. This principle is ignored
where the conditions imposed are such that, either directly on grounds of nationality or indirectly by other
means, they put Community students in a less favourable position than students who hold national
certificates, with the result that the former are denied admission to educational institutions.

8.8.2000

EN

Official Journal of the European Communities

C 225 E/161

The academic recognition of certificates, the aim of which is to allow individuals with qualifications
acquired in another Member State to pursue an education, falls within the competence of the Member
States. In accordance with the EC Treaty, each Member State is responsible for the content of its teaching
and the organisation of its own education system. The Member States are also free to lay down rules
governing procedures of academic recognition. However, in compliance with Article 12 (ex Article 6) of
the EC Treaty, Member States must refrain from direct or indirect discrimination on grounds of nationality
when applying these procedures.

The Commission is aware of
the situation to which the Honourable Member refers. The Austrian
legislation mentioned provides that all applicants wishing to study in a certain field in a higher education
institution in Austria must show that their school-leaving certificate entitles them to an unconditional
study place in the field of their choice in the country which issued the certificate.

The Commission has examined the conformity of the Austrian legislation (Universit(cid:228)ts-Studiengesetz (cid:129)
UniStG) with Articles 12, 149 and 150 (ex Articles 126 and 127) of the EC Treaty. Having considered the
Member State(cid:146)s comments on the matter, the Commission has concluded that the imposition of additional
requirements on individuals holding diplomas from other Member States, while no conditions of admission
other than possession of a certificate are imposed on students who hold a certificate issued in Austria,
constitutes discrimination on grounds of nationality in terms of access to education, and as such is
prohibited by Articles 12, 149 and 150 of the EC Treaty. As a result, the Commission has initiated
infringement proceedings as provided for in Article 226 (ex Article 169) of the EC Treaty.

(2000/C 225 E/177)

WRITTEN QUESTION E-2542/99

by Neil MacCormick (Verts/ALE) to the Commission

Subject: Driving regulations for people with diabetes mellitus

(4 January 2000)

1.
It has been represented to me on good medical authority that there is no evidence that drivers
suffering from diabetes mellitus pose any abnormal danger to other road users. Is the Commission in
possession of countervailing evidence that shows that such drivers do pose special dangers? If so, what is
the evidence?

Under the (amended) Directive 91/439/EEC (1) insulin dependent diabetics are exposed to the risk of

2.
losing their driving licences and in certain cases their livelihoods.

Does the Commission agree that this amounts to unfair discrimination against the group of drivers in

3.
question?

4. Will the Commission therefore take steps to repeal the Directive?

(1) OJ L 237, 24.8.1991, p. 1.

Answer given by Mrs de Palacio on behalf of the Commission

(1 February 2000)

The Commission would refer the Honourable Member to its answer to written question E-495/98 by
Mr Howitt (1).

The Commission can confirm that since that answer was given, there have been no developments in the
field to prompt it to change its position.

(1) OJ C 310, 15.12.1998.