WRITTEN QUESTION E-3985/00 by Roberta Angelilli (UEN) to the Commission. Recognition of university degrees.
Date: 2000-12-21
Institutions: European Parliament, Provisional data
Subjects: Italy, Spain, application of EU law, competence of the Member States, recognition of diplomas, recognition of vocational training qualifications

19.6.2001

EN

Official Journal of the European Communities

C 174 E/207

(cid:129) In July of this year I tabled a question on illegal

immigration from Albania (P-2787/00) which
highlighted the major problem of trafficking in human beings along the coasts of Italy and the
activities of unscrupulous traffickers which lead to the deaths either of the immigrants themselves or
of police officers and customs officials. As on other occasions the media merely reported the facts of
the incident in question.

In view of the above considerations, would the Commission answer the following questions:

1.

Is it possible for an annual report issued by an EU monitoring centre to include such statements?

2. What is the Commission(cid:146)s general view of the matter?

Reply given by Ms Diamantopoulou on behalf of the Commission

(21 February 2001)

The European Monitoring Centre on Racism and Xenophobia is an independent body set up by Council
Regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring Centre on Racism and
Xenophobia (1), which enjoys maximum autonomy in carrying out its tasks. Its Management Board is made
up of independent individuals appointed by each Member State, Parliament and the Council of Europe, and
of a representative of the Commission, making up a total of 18 members. The tasks of the Monitoring
Centre include publishing an annual report on the situation regarding racism and xenophobia in the
Community and on its own activities.

According to the information available to the Commission, the sources for the statement concerning the
media to which the Honourable Member refers are reports and studies mentioned in the text of the report
itself (section 1.1 (cid:145)Racial violence and threats, victims and perpetrators(cid:146)), such as the second report on
Greece (December 1999) of the European Commission against Racism and Intolerance of the Council of
Europe (ECRI) and the Ethnobarometer report (May 1999) for Italy.

As it stated in its Communication on a Community immigration policy (2), the Commission realises the
responsibility of the media for educating the general public.

(1) OJ L 151, 10.6.1997.
(2) COM(2000) 757 final.

(2001/C 174 E/220)

WRITTEN QUESTION E-3985/00

by Roberta Angelilli (UEN) to the Commission

(21 December 2000)

Subject: Recognition of university degrees

On 6 April 1998 Mr Alessandro Vinci submitted, via the Italian Foreign Affairs Ministry and the Spanish
Embassy in Rome, an application for the university degree which he had obtained in Italy to be recognised
in Spain.

At the 12 June 1998 meeting of Spain(cid:146)s University Council Academic Committee the application was
submitted for consideration, prior to the publication of a report on the matter. The application was dealt
with at the meeting of 16 April 1999 and pursuant to the decision (Case No 1998C01709) which was
announced on 31 May and 27 August 1999, the degree will be recognised, provided that the applicant
passes examinations in six subjects.

Mr Vinci was astonished (as were the teaching staff at the Spanish university (cid:129) San Crist(cid:243)bal de la Laguna
in Tenerife (cid:129) which he had selected) at the large number of exams which he was required to pass. By
carefully sifting through existing legislation he came across an agreement between Italy and Spain (the
Spain-Italy Cultural Agreement signed on 11 August 1955) and, in particular, a communiquØ of 16 April

C 174 E/208

Official Journal of the European Communities

EN

19.6.2001

1966 from the Spanish Ministry of Education in which it is specifically stated that graduates of Italian
universities and university institutes may obtain the title of graduate from a Spanish university. In the case
in question the decisions taken by the relevant departments of the ministry concerned are not in
accordance with that agreement.

Despite numerous letters and submissions to the relevant Spanish and Italian ministries, numerous
discussions with various officials and an appeal to the public prosecutor in Rome, Mr Vinci has not so
far received any reply and, in particular, he has been denied his rights.

In view of the fact that, in recent years, a number of other people have benefited under the agreement.

1. Does the Commission not consider that the right to study has been infringed?

2. Would it give its views on the matter?

Answer given by Mrs Reding on behalf of the Commission

(19 February 2001)

Firstly, the Commission would like to point out that the organisation of education systems, including
recognition of qualifications and university admission criteria, is a matter for the Member States. As a
result, and in strict compliance with Article 12 (ex Article 6) of the EC Treaty, which prohibits any direct
or indirect discrimination on grounds of nationality, the relevant authorities are entitled, in principle, to
make admission to universities dependent on obtaining academic recognition for qualifications gained in
another Member State. In addition, Member States are allowed to conclude bilateral agreements with other
Member States if they consider that the latter(cid:146)s qualifications meet national requirements. The information
given does not provide evidence of a national provision at variance with the EC Treaty.

With regard to the specific case of Mr Vinci, the bilateral agreement mentioned by the Honourable
Member states that doctorates from Italian universities and institutes are recognised for purposes of
obtaining the title of graduate. However, it is not clear from the question whether Mr Vinci actually has a
doctorate.

Therefore, if Mr Vinci feels that the procedural guarantees, in particular those relating to the time-frame,
and the criteria set by Spanish legislation in relation to the academic recognition of qualifications were not
observed in his case, it is up to him to decide to lodge an administrative and/or judicial appeal under
national law.

Moreover, it seems from the description of the circumstances relating to Mr Vinci that his intention could
be to work at the University of San Cristobal de la Laguna (Spain), rather than to study there. It should be
noted that
the term (cid:145)recognition(cid:146) has two meanings. Professional recognition involves verifying the
existence of certain qualifications and the professional aptitude needed to gain access to a regulated
activity and to pursue that activity. The professional recognition of diplomas with a view to exercising a
profession in another Member State is subject to Community rules.

The Commission cannot therefore at this stage rule out the possibility that, although Mr Vinci requested
academic recognition of his qualifications, he may in fact by interested in professional recognition, which
would then be subject to Community provisions specific to this area of free movement of persons.

The Commission will contact the Honourable Member directly to clarify the circumstances and to inform
her of the Community law provisions which would be likely to apply to Mr Vinci(cid:146)s situation.