WRITTEN QUESTION E-2780/00 by Luciano Caveri (ELDR) to the Commission. University of Chambéry.
Date: 2000-09-01
Institutions: European Parliament, Provisional data
Subjects: France, Italy, infringement of EU law, recognition of diplomas

20.3.2001

EN

Official Journal of the European Communities

C 89 E/221

These Directives have not harmonised the training conditions for estate agents, so each Member State
remains free to regulate the profession on its own territory, and specifically to make exercise of the
profession dependent on possessing a specific diploma or specific qualifications. Nevertheless, under these
Directives, a professional who is fully qualified to exercise the profession concerned in his or her Member
State of origin should, in principle, be able to exercise the same profession in another Member State that
regulates access or practice. However, as the training conditions have not been subject to harmonisation,
in the event of substantial differences between the training the migrant has followed and that required in
the host Member State, the latter may require the migrant to demonstrate professional experience or to
undergo a compensatory measure. This compensatory measure can take the form of an aptitude test or an
adaptation period. In principle, it is for the migrant to choose between these two options.

As the general system for the recognition of professional qualifications operates on the whole satisfactorily,
the Commission does not intend to change its principles.

(1) OJ L 19, 24.1.1989.
(2) OJ L 209, 24.7.1992.

(2001/C 89 E/252)

WRITTEN QUESTION E-2751/00

by Glyn Ford (PSE) to the Commission

(1 September 2000)

Subject: Abolition of the Enterprise Programme

Can the Commission explain why it has decided to abolish the Enterprise Programme, which promotes
cooperation between small and medium-sized enterprises and encourages international trade, thus causing
considerable cost to the various consortia which have invested resources to prepare projects? Does the
Commission intend to propose a new programme which will meet SMEs(cid:146) needs in the future?

Answer given by Mr Liikanen on behalf of the Commission

(3 October 2000)

The Commission has decided recently not to continue its participation in events such as Interprise. This
decision has to be seen in the general policy line of the Commission to discontinue small financial
projects.

Interprise has been favourably evaluated as meeting a real need and achieving good results in a cost-
effective way. However, despite the benefits for the firms participating in these events, the Commission
cannot justify continued allocation of its scarce resources to benefits only a small number of small and
medium-sized enterprises (SMEs). The Commission(cid:146)s participation does not bring sufficient leverage in
relation to the total population of enterprises in Europe.

The Commission is nevetheless reflecting on ways to continue with a Community business co-operation
programme that would not make an undue claim on the Commission(cid:146)s resources.

(2001/C 89 E/253)

WRITTEN QUESTION E-2780/00

by Luciano Caveri (ELDR) to the Commission

(1 September 2000)

Subject: University of ChambØry

Since 1987, some 48 students from Valle d(cid:146)Aosta, an autonomous region of Italy, have graduated from the
University of ChambØry in (cid:145)Langues ØtrangŁres appliquØes(cid:146) (applied foreign languages).

C 89 E/222

Official Journal of the European Communities

EN

20.3.2001

To date, this degree has not been recognised for the purposes of any State competitive examination, and
the fact that there are no genuinely comparable faculties in Italy is obstructing the principle of full
recognition of educational qualifications, entailing a particular disadvantage for the inhabitants of an
Italian- and French-speaking bilingual region such as Valle d(cid:146)Aosta, who should be encouraged to study at
French universities, especially those situated in cross-border cooperation areas.

Might it not therefore be argued that the problems referred to above constitute a violation of fundamental
Community principles? What steps will be taken to remedy the situation?

Answer given by Mr Bolkestein on behalf of the Commission

(2 October 2000)

In order to facilitate the professional recognition of qualifications several Community directives have been
adopted. Council Directive 89/48/EEC of 21 December 1988 established a general system for the
recognition of higher-education diplomas awarded on completion of professional education and training
of at least three years(cid:146) duration (1). This Directive in principle applies to the teaching profession, but does
not harmonise training courses. Its purpose is to reconcile the freedom of each Member State as regards
education matters with the right of all Community citizens to exercise their profession in any Member
State.

For the purposes of this Directive, a (cid:145)diploma(cid:146) is any diploma or other certificate awarded by an authority
in a Member State testifying to completion of the level of training referred to by the Directive and to
possession of the qualifications required to exercise the profession in question in the holder(cid:146)s Member State
of provenance.

In most Member States, access to the teaching profession is subject to the possession of a set of diplomas
(university degree and teacher training certificate).

As far as France is concerned teachers after university also must undergo a (pedagogic) training period at
IUFM ((cid:145)Institut universitaire de formation des Ma(cid:238)tres(cid:146)), validated by an examination. After this examina-
tion, candidates obtain the teaching certificate ((cid:145)certificat d(cid:146)aptitude (cid:224) l(cid:146)enseignement(cid:146)), which is the
(cid:145)diploma(cid:146) within the meaning of the Directive.

The students to whom the Honourable Member refers have obtained a university diploma (cid:129) which is not
a diploma in the sense of Directive 89/48/EEC (cid:129) at the University of Chambery ((cid:145)Langues Øtrangeres
appliquØs(cid:146)). According to the information contained in the question, this diploma is an academic title.
Holders of this diploma cannot be considered as (cid:145)teachers(cid:146)
in France. Hence they are precluded from
benefiting from the professional recognition procedure as set out in the general system Directive, which
applies only to (cid:145)professional(cid:146)
is to citizens who are already teachers or fully qualified
professionals in their respective country of origin.

titles,

that

According to the case-law of the Court of justice, even if the Directive is not applicable, and therefore the
person concerned does not have a particular right to obtain recognition, he or she has, however some
rights regarding the treatment of his application for recognition of this diploma. The principle of freedom
of movement of workers laid down in Article 39 (ex Article 48) of the EC Treaty obliges the authorities of
the host Member State to take the diplomas, obtained by migrants in another Member States,
into
consideration, to evaluate them and to address a reasoned decision to the citizen against which legal
means of redress are available. The information contained in the question does not allow the Commission
to evaluate if these principles have been violated.

As the EC Treaty articles in question have direct effect, meaning that they confer rights on citizens which
they may invoke in their dealings with the public authorities and with which the latter must comply, the
individuals concerned are best advised to apply to the national administrative bodies or courts which alone
are competent to annul a decision taken by a national authority.

(1) OJ L 19, 24.1.1989.