WRITTEN QUESTION E-0062/04 by Giorgio Calò (ELDR)and Antonio Di Pietro (ELDR) to the Commission. Discriminatory treatment of Community research students in Germany.
Date: 2004-01-20
Institutions: European Parliament, Provisional data
Subjects: EU national, Germany, discrimination on the basis of nationality, research staff, student, university, working conditions

C 84 E/156

Official Journal of the European Union

EN

3.4.2004

procedures opened pursuant to Article 226 of the EC Treaty, State Aid procedures and corrections which
may prove necessary following the findings of future audits of the expenditure declared.

(1) OJ L 161, 26.6.1999, as last amended by Council Regulation (EC) No 1105/2003 of 26 May 2003, OJ L 158,

27.6.2003.

(2) Council Regulation (EEC) No 4253/88 of 19 December 1988, laying down provisions for implementing Regulation
(EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and
with the operations of the European Investment Bank and the other existing financial
instruments, OJ L 374,
31.12.1988.

(2004/C 84 E/0193)

WRITTEN QUESTION E-0062/04

by Giorgio Calò (ELDR)
and Antonio Di Pietro (ELDR) to the Commission

(20 January 2004)

Subject: Discriminatory treatment of Community research students in Germany

On the basis of the internal rules of the Max Planck Society in Germany foreign research students, unlike
their German fellow students, do not have access to the regular employment contract BAT IIa/2, but
receive a grant (‘Stipendium’), which is tax-free and not subject to social security contributions.

This discrimination affects hundreds of foreign students, most of them from Community countries, and
naturally has substantial repercussions on guarantees and rights in the areas of social security and health.

The Max Planck Society, 80 % of whose funding comes from public sources, is bound by the principles of
the Constitution and the founding principles of the Treaty concerning non-discrimination, freedom of
movement and residence, freedom of establishment and equal opportunities.

In view of the blatant violation of these principles, can the Commission intervene by adopting urgent
measures to ensure that the aforementioned discriminatory treatment of Community research students in
Germany is discontinued?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(23 February 2004)

EU nationals have the right to work in other Member States (Article 39 of the EC Treaty). This right to free
movement of workers includes the right to have equal access to jobs and equal treatment in relation to
working conditions as compared to the nationals of the host Member State.

On the basis of Article 39 nationals of other Member States must, therefore, be allowed to apply for
research positions for which an employment contract is offered (like the positions under BAT IIa/2 as
concerned in the written question) at the German Max Planck Society in the same way as German
nationals.

According to the information of the Commission, nationals of other Member States are equally entitled to
apply for research posts (e.g. Doktorandenstellen). In the job-offers for Doktorandenstellen currently put
online at the homepage of the Max Planck Society (23 January 2004) no nationality condition is stipulated.

In order to be able to further evaluate if the facts contained in the written question might constitute a
breach of Community law, the Honourable Members are therefore invited to send more information to the
Commission (Directorate-General Employment and Social Affairs), including information about the cases of
the non-German EU nationals who were refused application for such a Doktorandenstelle on the basis of
their nationality or who have obtained such a post but without the working conditions as foreseen for
BAT IIa/2 employees.