WRITTEN QUESTION E-0911/03 by Mihail Papayannakis (GUE/NGL) to the Commission. Delayed recognition of diplomas owing to technicalities.
Date: 2003-03-24
Institutions: European Parliament, Provisional data
Subjects: Greece, access to a profession, administrative competition, engineer, free movement of workers, recognition of diplomas, recognition of vocational training qualifications, student mobility, worker (EU)

C 84 E/464

Official Journal of the European Union

EN

3.4.2004

(2004/C 84 E/0539)

WRITTEN QUESTION E-0911/03

by Mihail Papayannakis (GUE/NGL) to the Commission

Subject: Delayed recognition of diplomas owing to technicalities

(24 March 2003)

In a recent question (E-0160/03) (1), I asked the Commission to state its views on the unreasonable delays
on the part of the Greek authorities in examining applicants for the purpose of recognising their diplomas
awarded by other Member States.

However, the reply received from the Commission (7 March 2003) does not appear to answer that
question but is extended to cover the implementation of Directive 89/48/EEC (2). Could the Commission
therefore answer the question concerning the delays alone?

(1) See page 456.
(2) OJ L 19, 24.1.1989, p. 16.

Answer given by Mrs Reding on behalf of the Commission

(15 May 2003)

There are two types of procedures for recognition of qualifications and they have different objectives: the
academic recognition procedure and the professional recognition procedure.

Professional recognition was covered by the first reply of the Commission to the Honourable Member’s
Written Question E-0160/03 (1).

Academic recognition aims to allow people to pursue their studies in another Member State or to use the
academic title of another Member State corresponding to their diploma.

At the present stage of development of Community law, the recognition of diplomas for academic
purposes falls within the competence of Member States. There are no Community rules imposing mutual
recognition of diplomas. Each Member State is responsible for its own educational system and for the
content and organisation of its educational system. There are currently no diplomas that are recognised at
European level. Universities that are autonomous institutions are entirely responsible for the content of
their curricula and for awarding diplomas and certificates to students.

The authorities of the Member States have the right to require the academic recognition of qualifications
before allowing access to education and they can evaluate whether the content of the education received
by the holder of a diploma corresponds to the level that is required by the national legislation. They are
equally free to fix the rules governing this type of procedure. They are obliged, however, not to apply any
direct or indirect discrimination on grounds of nationality, in accordance with Article 12 of the EC Treaty.

The civil engineer to whom the Honourable Member refers is a Greek national who has studied in the
United Kingdom.

Dikatsa is the competent authority in Greece for the academic recognition of diplomas.

Although, as stated above, the academic recognition of diplomas falls within the competence of the
Member States, it should be examined whether the excessive delays caused by administrative reasons in the
academic recognition procedure in Greece may discourage students or professionals wishing to use the
academic title of another Member State from exercising their right to free movement. In this case, the
excessive length of the academic procedure could pose obstacles to the free movement of students or
prevent migrating professionals from having the advantages linked to the use of the academic title of the
host Member State.

Freedom to move within the territories of the Member States is one of the fundamental freedoms
guaranteed by the EC Treaty (Article 18).

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Article 8 of the EC Treaty confers the status of citizen of the Union to every person holding the nationality
of a Member State. Hence, the civil engineer, who is of Greek nationality,
is a citizen of the Union.
As stated by the European Court of Justice (2):

a citizen of the Union must be granted in all Member States the same treatment in law as that
accorded to the nationals of those Member States who find themselves in the same situation. It would,
therefore, be incompatible with the right of free movement were a citizen, in a Member State of which
he is a national, to receive treatment less favourable than he would enjoy if he had not availed himself
of the opportunities offered by the Treaty in relation to freedom of movement.

Those opportunities could not be fully effective if a national of a Member State could be deterred from
availing himself of them by obstacles raised on his return to his country of origin …

Article 149(2) of the EC Treaty aims to encourage the mobility of students.

On the basis of the above-mentioned considerations, the Commission will contact the Greek Authorities to
ask for the reasons for the excessive delays in their academic recognition procedure. The Commission will
keep the Honourable Member informed of the evolution of this file.

(1) See page 456.
(2) Case C-224/98 (D’Hoop).

(2004/C 84 E/0540)

WRITTEN QUESTION E-0947/03

by Roberta Angelilli (UEN) to the Commission

(26 March 2003)

Subject: Provisions enacted by the Italian Government with regard to electromagnetic pollution

September 2002 marked the entry into force in Italy of Legislative Decree No 198/2002 laying down
provisions to accelerate the construction of
the strategic telecommunications infrastructures for the
modernisation and development of that country. The decree sets out the basic principles governing the
installation of telecommunications infrastructures with the aim of liberalising the telecommunications
market and making it competitive, rationalising authorisation procedures in line with the principles of
efficiency, publicity, concentration and rapidity, ensuring respect for the environment and for health and
pursuing quality targets.

The decree, which derives from Framework Law No 36/2001 on protection from exposure to electrical,
magnetic and electromagnetic fields, is intended to resolve the controversial issue of the spatial distribution
of telecommunications masts, which are primary sources of electromagnetic pollution and which until
now have not been governed by any detailed or specific legislation. The decree therefore aims to promote
technological development by simplifying installation authorisation procedures, while also setting out to
protect the environment, human health and historical and artistic heritage by awarding each competent
local authority powers of veto in the event of telecommunications operators failing to comply with the
provisions safeguarding these assets. The decree also introduces a national register of electromagnetic
sources of industrial origin, for systematic monitoring of the masts installed, with the aim of establishing
hard and fast rules for curbing the installation of unauthorised masts, or in other words the possibility of
operators installing masts as and where they like.

The limits on exposure to electromagnetic fields laid down in the legislation are the lowest in Europe and
in the world (6 V/m for all wavelengths). However, the need to guarantee free market conditions under
which operators can provide innovative services to citizens and users must also be borne in mind. In the
light of the positive initial results of the electrosmog monitoring that the Ministry of Communications has
recently launched in Italy, and in view of Council Recommendation 1999/519/EC (1) on the limitation of
exposure of the general public to electromagnetic fields and Commissioner Byrne’s reply to my earlier
question (E-2648/99 (2)) on pollution by electromagnetic waves,