WRITTEN QUESTION E-0236/04 by Miet Smet (PPE-DE) to the Commission. Job advertisements for native speakers.
Date: 2004-02-02
Institutions: European Parliament, Provisional data
Subjects: EU office or agency, job description, job vacancy, legal basis, linguistic discrimination, recruitment, use of languages

C 84 E/332

Official Journal of the European Union

EN

3.4.2004

(2004/C 84 E/0389)

WRITTEN QUESTION E-0201/04

by Herbert Bösch (PSE) to the Commission

(29 January 2004)

Subject: Linguistic discrimination in job descriptions

In its replies to a number of written questions tabled between 2001 and 2003, the Commission stated its
intention to use its legal powers to combat the use of a ‘native speaker’ criterion in job advertisements
published by technical support agencies, non-governmental organisations (NGOs) and private firms
(co)financed by the European Commission.

However, between September and December 2003 alone, some 60 advertisements for posts at such firms
and organisations (www.lingvo.org/eo/2/15) were published stipulating ‘English mother tongue’ or ‘native
English speaker’.

On what legal basis can the Commission take action over job advertisements that use a ‘native speaker’
criterion? On what occasions has the Commission made use thereof?

Has the Commission made contact with the firms Intrasoft and Ogilvy, as it undertook to do in its reply to
Written Question E-2226/03 (1), and what has been the result of this contact?

(1) OJ C 33 E, 6.2.2004, p. 236.

(2004/C 84 E/0390)

WRITTEN QUESTION E-0210/04

by Markus Ferber (PPE-DE) to the Commission

(30 January 2004)

Subject: Language discrimination in job advertisements

A number of magazines repeatedly publish job advertisements seeking to recruit applicants with English as
their mother tongue, although the jobs are within EU institutions or at consultancy firms focusing on
European policy. Particular emphasis is placed on linguistic background as a criterion for recruitment
(‘English mother tongue’/‘native English speaker’: examples can be seen at www.lingvo.org/eo/2/15). These
advertisements discriminate against applicants with equivalent professional qualifications and a very good
knowledge of English, but whose mother tongue is not English.

Discrimination of this kind on the basis of linguistic background is expressly prohibited under Article 21
of the EU Charter of Fundamental Rights.

Can the Commission therefore answer the following questions:

1. What steps has the Commission taken to prevent such discrimination?

2.

Is the Commission considering including a ban on discrimination on the grounds of
linguistic
background in the Community action programme to combat discrimination (Council Decision
No 2000/750/EC of 27 November 2000)?

(2004/C 84 E/0391)

WRITTEN QUESTION E-0236/04

by Miet Smet (PPE-DE) to the Commission

(2 February 2004)

Subject: Job advertisements for ‘native speakers’

The European Commission has supported the view expressed in a number of parliamentary questions on
the use of the term ‘native speakers’ in job advertisements that the use of terms such as ‘mother tongue’ or

3.4.2004

EN

Official Journal of the European Union

C 84 E/333

‘native speaker’ contravenes Community law on the free movement of workers. The Commission has also
emphasised its intention to use its legal powers, where necessary, to prohibit the use of terms such as
‘native speaker’ in job advertisements.

Technical support offices, non-governmental organisations and certain firms engaged in European activities
have persisted in publishing job advertisements aimed exclusively at
‘native English speakers’ and
applicants with ‘English mother tongue’. Recent examples can be found at www.lingvo.org/eo/2/15.

What action does the Commission intend to take against firms and NGOs that stipulate ‘English mother
tongue’ or ‘native English speakers’ in their job advertisements? Does the Commission intend to do more
to prevent such violations of the principle of the free movement of workers?

(2004/C 84 E/0392)

WRITTEN QUESTION E-0241/04

by Johanna Boogerd-Quaak (ELDR) to the Commission

Subject: Language discrimination (cid:1) native speakers

(2 February 2004)

In its answer to Written Question E-2764/02 (1), the Commission acknowledges that a ‘native speaker’
condition in recruitment announcements ‘is not acceptable under Community rules on free movement of
workers, as it is unlawfully discriminatory. Therefore the Commission considers that the use of this term in
job advertisements is prohibited by Community law.’

Over
the last year, Commission-funded European technical assistance offices, non-governmental
organisations and private firms have advertised more than 700 vacancies at European level which have
been set aside exclusively for ‘native English speakers’ or ‘English mother tongue’ applicants. For those
vacancies, no-one with ‘excellent’ or ‘very good’ knowledge of English was looked for; rather, and
expressly, only native English-speakers. However, such advertisements are still frequently published. These
days, organisations are replacing terms such as ‘English mother tongue’ by ‘English mother tongue or
equivalent’ and ‘English native speaker level’ and are subsequently interviewing only English native-
speakers.

1.

Does the Commission intend to combat this? If so, how? If not, why not?

Does the Commission also intend to work in future with organisations which discriminate against

2.
non-native English-speakers?

(1) OJ C 92 E, 17.4.2003, p. 207.

Joint answer
to Written Questions E-0201/04, E-0210/04, E-0236/04 and E-0241/04
given by Mr Dimas on behalf of the Commission

(22 March 2004)

The Commission would refer the Honourable Members to its reply to Written Questions E-0046/04 by
Mr Dhaene and E-0086/04 by Mrs Maes (1) on this subject.

The Community action programme to combat discrimination, adopted by the Council Decision of
27 November 2000,
is based on Article 13 of the Amsterdam Treaty, which gives the Community
jurisdiction to combat discrimination based on racial or ethnic origin, religion or belief, disability, age or
sexual orientation. Discrimination based on language is not, therefore, one of the areas potentially covered
by the programme, and the Commission does not intend to fund such activities.