WRITTEN QUESTION E-2763/03 by Erik Meijer (GUE/NGL) to the Commission. Invalidity of foreign teaching qualifications in France due to the unaltered practice of recruitment on the basis of a French examination.
Date: 2003-09-16
Institutions: European Parliament, Provisional data
Subjects: France, Italy, Spain, access to a profession, administrative competition, application of EU law, case-law (EU), civil service, recognition of diplomas, teacher

13.3.2004

EN

Official Journal of the European Union

C 65 E/213

In the experience of the Commission, the interest of the great majority of members of the public focuses
on current members of a cabinet. The cost of developing and maintaining a separate website giving details
of all former members of Commissioners’ cabinets would therefore be disproportionate to its usefulness.
Such information can, in any event, be made available upon request and the Honourable Member could
‘keep track’ of changes by making, say, annual visits to the website or contact with Commissioner’s offices
if he wished to.

The declaration of interests is provided for in the Code of Conduct of Commissioners and applies to the
Commissioners. The members of Cabinet are subject to the rules set out in the Staff Regulations. They are
therefore bound to respect the obligations specified in the Regulations, in particular the provisions of
Articles 11 to 17 relating to conflict of interests and duty to exercise honesty, tactfulness and discretion.
The Staff Regulations do not require the presentation of a declaration of financial interests by officials and
those rules have that, and much else, in common with the rules governing civil service in democracies
everywhere.

(2004/C 65 E/229)

WRITTEN QUESTION E-2763/03

by Erik Meijer (GUE/NGL) to the Commission

(16 September 2003)

Subject: Invalidity of foreign teaching qualifications in France due to the unaltered practice of recruitment

on the basis of a French examination

1.
Can the Commission confirm that the French Ministry of Education takes the view that, despite the
equivalence of qualifications provided for by EU law, French legislation still makes it impossible for
foreigners to enter the employment of the State unless they hold a qualification obtained by means of a
French examination?

2.
Is the Commission aware that in practice the rapid and unimpeded recruitment into the education
system of holders of foreign qualifications is also prevented because when foreigners apply for jobs in the
French public education system, they receive the standard reply,
‘Like all public officials, teachers are
recruited by means of a competition’?

Is the Commission furthermore aware that, as a result of this situation, EU citizens residing in France
3.
who hold non-French teaching qualifications can only work as supply teachers at Catholic private
educational establishments, that only after three years’ experience of working in the French private
education system are holders of foreign qualifications permitted to take an internal examination in order to
be certified competent by a board and that until then, as soon as a teacher with a French qualification
becomes available, they will invariably be dismissed?

Does a similar situation also exist in Italy and Spain, which still refuse to recognise the equivalence of

4.
teaching qualifications? For how many years has this unlawful state of affairs obtained?

5. What prospects can the Commission hold out in this connection to people with foreign teaching
qualifications in Member States which refuse to recognise equivalence? Can they now invoke an
enforceable right to recognition of the equivalence of qualifications or must they in practice, as in the
past, retrain and take a fresh examination?

How long must those concerned await a possible binding judgment from the Court of Justice of the

6.
EC? Does the Commission see any other solution?

Answer given by Mr Bolkestein on behalf of the Commission

(28 October 2003)

In France in the public sector and in the State-subsidised private sector, teachers are recruited by
1. to 3.
way of competitions open to Community nationals. After the competition, successful candidates have to
undergo a training period at IUFM (‘Institut Universitaire de Formation des Maîtres’), validated by an
examination. After passing this examination, candidates obtain the teaching certificate (‘certificat d’aptitude
à l’enseignement’). Currently, French legislation provides that teachers from other Member States have to
sit the recruitment competition. However, by reason of their qualifications and the training already

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13.3.2004

received in their Member States of origin, they are exempted from the training and final examination
which follow the competition. The Commission has so far accepted this situation in view of the fact that
under Community law, nothing prevents a Member State from making use of the competition system for
the recruitment of public servants and of the distinction that must be drawn between recognition
procedure and recruitment procedure. In fact, Council Directive 89/48/EEC of 21 December 1988 on a
general system for the recognition of higher-education diplomas awarded on completion of professional
education and training of at least three years’ duration (1) which governs the recognition, among others, of
teaching qualifications, confers upon the migrant the right to take up or pursue his profession in the host
Member State ‘on the same conditions as apply to its own nationals’, i.e. with the same rights and the same
obligations. The advantage for teachers in this situation is that, although having to sit the competition,
they are not subject to any compensatory measure under Directive 89/48/EEC.

In relation to the question whether migrant workers who are already working in the French private
education system are allowed to participate in internal competitions only after three years’ experience of
working in the French private education system the Commission would like to give the following
information.

In accordance with the case-law of the European Court of Justice (2), the Commission considers that
migrant workers’ previous periods of comparable employment acquired in another Member State must be
taken into account by the French private education system for the purposes of access to an internal
competition in the same way as applies to experience acquired in the French system.

The French authorities recently provided the Commission with information on the admission requirements
for internal competitions to recruit teaching staff in private educational establishments under contract:
under the same conditions as French nationals, candidates from a Member State other than France have to
satisfy conditions concerning qualifications as well as conditions relating to their services. With regard to
the period of public service required, public services rendered in another Member State are considered as
services rendered in France.

4.
The situation in Spain and in Italy is different. In Spain teachers, once they have completed their
training, are recruited in the public service by way of competitions. Teachers from other Member States
who have obtained recognition under Directive 89/48/EEC, undergoing, where necessary, a compensation
measure, must take part in the competition in order to be employed in a post. In Italy teachers are subject
to a qualifying examination (‘abilitazione’). Teachers from other Member States, who have obtained
recognition pursuant to Directive 89/48/EEC, do not have to sit this examination. However, in the context
of
to a
compensatory measure (adaptation period up to three years or aptitude test) designed to compensate for
the differences in the education and training.

in accordance with the Directive,

they are generally subject,

the recognition procedure,

5. and 6.
Recently, the Court of Justice has delivered a judgement in a case concerning a preliminary
ruling (Case C-285/01 ‘Burbaud’), which may provide some clarification with regard to the French
situation. The judgement regards the profession of hospital manager. The Commission is currently
examining the consequences of this jurisprudence and whether it could extend to teachers. This will
require an in depth analysis of the issues and the Commission will inform the the Honourable Member of
its conclusions as soon as it is finished.

However, the Commission stresses that the Court has held that the obligation to sit a competition in order
to take up employment in public service is not contrary to Article 39 of the EC Treaty. It has, however,
considered that Article 39 of the EC Treaty prevents a Member State from imposing on a European citizen
who is qualified to exercise a given profession in a Member State, to sit a competition for entrance to a
training school for the same profession, as this kind of competition is designed for candidates who have
not received any training and qualified nationals from other Member States cannot, in such a competition,
have their specific qualifications taken into account.

(1) OJ L 19, 24.1.1989.
(2) Case C-419/92 Scholz ECR [1994] I-00505; Case C-15/96 Schöning ECR [1998] I-00047; Case C-187/96
Commission v. Greece [1998] I-01095; Case C-195/98 Österreichischer Gewerkschaftsbund ECR [2000] I-10497;
Case C-224/01 Köbler, not yet published.