WRITTEN QUESTION E-2729/99 by Pervenche Berès (PSE) to the Commission. Recognition of the seniority of civil servants from EEA countries.
Date: 2000-01-18
Institutions: European Parliament, Provisional data
Subjects: EU national, Iceland, Liechtenstein, Norway, application of EU law, civil servant, discrimination on the basis of nationality, foreign national, seniority

3.10.2000

EN

Official Journal of the European Communities

C 280 E/117

(2000/C 280 E/123)

WRITTEN QUESTION E-2729/99

by Pervenche BerŁs (PSE) to the Commission

(18 January 2000)

Subject: Recognition of the seniority of civil servants from EEA countries

The recognition within the Community of the diplomas and professional experience of non-Community
nationals is an extremely complex matter.

For example, the seniority of a Norwegian national working as a teacher in France cannot be recognised
for regrading purposes because Note No FP/3 No 3916 of 5 May 1995 issued by the Public Service
Ministry stipulates that only seniority acquired in the French civil service may be taken into account for
such purposes. However, seniority acquired in the country of origin is taken into account for the purpose
of admission to competitions organised within the French civil service.

1. What exactly is EU(cid:146)s legal position on the recognition of the professional experience gained by a
national of an EEA country employed in an EU Member State?

2.
In particular, does a legal instrument providing that only the time spent in the service of the State in
question may be taken into account when determining a civil servant(cid:146)s seniority comply with the spirit of
Community law or, indeed, the case law on public service-related matters established by the Court of
Justice?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(25 February 2000)

This problem can exist for workers of Member States and also workers of European economic area (EEA)
Member States.

The Commission is aware of the difficulties these workers, who have worked for a number of years in the
public sector of a Member State, are encountering when recruited into the public service of another
Member State, in that their previous experience is not taken into account for the purposes of determining
their grade and seniority. Consequently such workers lose their years of previous experience and must
restart their career from the beginning when they are recruited.

The Court of justice has ruled that comparable employment completed in the public service of another
Member State must be taken into account for determining seniority (1).

The Commission has started infringement proceedings against several Member States, including France, on
the basis of Article 226 (ex-Article 169) of the EC Treaty.

The right of free movement for workers established within the Community under Article 39 (ex-Article
48) of the EC Treaty is extended to nationals of Iceland, Liechtenstein and Norway through Article 28 of
the EEA agreement. Sub-paragraph 2 makes it clear that such freedom of movement entails the abolition
of any discrimination based on nationality as regards conditions of work and employment.

(1)

Judgement of 15.1.1998 in Case C-15/96 (Kalliope Sch(cid:246)ning-Kougebetopoulou v Freie und Hansestadt Hamburg)
[ECR 1998 I-0047]; and judgement of 12.3.1998 in Case C-187/96 (Commission v Greece) [ECR 1998 I-1095].