WRITTEN QUESTION E-0475/04 by Marianne Thyssen (PPE-DE) to the Commission. Language discrimination in notices of vacancy.
Date: 2004-02-23
Institutions: European Parliament, Provisional data
Subjects: EU office or agency, European Commission, administration of the Institutions, application of EU law, job description, job vacancy, linguistic discrimination, non-governmental organisation, powers of the institutions (EU)

C 84 E/410

Official Journal of the European Union

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3.4.2004

supported by the fact that the 27 September 2003 edition of De Telegraaf, a Dutch newspaper, carried an
advertisement in which a stolen card was offered for sale. The current computerised systems make it
virtually impossible to establish the desired connection between enforcement of the law after a declaration
of theft and registration of the stolen cards. As a result, the desired positive effect of the cards, namely
assistance for disabled persons, is nullified.

1.

Is the Commission aware of this problem?

2. With a view to preventing abuse of the system, would the Commission be prepared to authorise the
printing on each European disabled person’s card of the personal details of the driver of the vehicle, unless
the holder of the card expressly declines the opportunity to do so (for example, in the case of a disabled
passenger who is obliged to use various cars for travelling)? If not, why not?

In the event of its declining to pursue the proposal set out above, is the Commission prepared to

3.
investigate alternatives? If so, what might those alternatives be?

Answer given by Mr Dimas on behalf of the Commission

(2 April 2004)

Council Recommendation 98/376/EC of 4 June 1998 on a parking card for people with disabilities (1)
recommends that Member States introduce a parking card for people with disabilities and issue it in
accordance with the respective national provisions, on the basis of a standardised model.

The Recommendation also provides for mutual recognition of parking cards based on the standardised
European model, so that cardholders may benefit from the associated parking facilities available in the
Member State in which they happen to be.

According to the principle of subsidiarity, the Commission cannot intervene in national legislation. It is up
to Member States to introduce mutual recognition of parking cards in accordance with the national,
regional and local
laws and regulations (highway code, provisions and arrangements for application)
specific to each Member State.

The Commission has not been directly informed of the incident mentioned by the Honourable Member,
but it is aware of the situation (theft and resale of parking cards) in several Member States.

It therefore intends to discuss these problems (monitoring activities, also with a view to the enlargement
process) with the senior representatives of Member States taking part in the meetings of the High Level
Group on Disability Matters, which assists the Commission in this area.

(1) OJ L 167, 12.6.1998.

(2004/C 84 E/0477)

WRITTEN QUESTION E-0475/04

by Marianne Thyssen (PPE-DE) to the Commission

Subject: Language discrimination in notices of vacancy

(23 February 2004)

I have learned from the www.lingvo.org/eo/2/15 website about a number of instances of discrimination on
the grounds of language which manifestly infringe Community legislation on the free movement of
this involves the ‘native-speaker’ condition applied by EU-funded NGOs,
workers. More specifically,
technical support offices and private companies when recruiting staff.

I am aware that the Commission has already set out its views on this issue in several answers to written
questions. The fact that the Commission has drawn the attention of its staff to the possibility of notices of
vacancy being discriminatory and asked them to take the requisite measures vis-à-vis their contractors is a

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step in the right direction. What is more, it is encouraging to note that the Commission has emphasised
that, where appropriate,
it will use the powers conferred on it under Community law to prevent the
inclusion of the ‘native-speaker’ condition in notices of vacancy.

However, the parliamentary questions on this issue that have been tabled repeatedly since 2001 clearly
demonstrate that the Commission has been making inadequate use of its powers under Community law in
order to clamp down definitively on these practices. Accordingly, there is a sharply increasing feeling of
resentment at the Commission’s passive attitude to the problem inside the European Parliament and across
the entire political spectrum.

if

I should be grateful
the Commission would indicate why, despite the proven infringements of
Community law, it has not, to date, used its powers under Community law? On the basis of the provisions
of the European Treaty, will the Commission henceforth take firm action to combat any form of language
discrimination in notices of vacancy published by organisations which it (co)funds?

(2004/C 84 E/0478)

WRITTEN QUESTION E-0538/04

by Kathalijne Buitenweg (Verts/ALE) to the Commission

(24 February 2004)

Subject: Language discrimination in notices of vacancy (cid:1) ‘English mother tongue’ or ‘native speaker’

In reply to question E-2226/03 (1), the Commission states that all Commission services have been made
aware of possible discriminatory job advertisements and asked to take the necessary steps as regards their
contractors. The Commission also states in its reply that it tries to avoid cooperation with organisations
which publish job advertisements with a ‘native speaker’ criterion. The Commission goes on to stress that
it
the use of a ‘native speaker’ criterion in job
advertisements.

intends to use its legal powers to fight against

The European Esperanto Union states that, despite previous warnings from the Commission, discrimina-
tory notices of vacancy are still being published which require candidates to meet such criteria as ‘English
mother tongue’ or ‘native English speakers’. Copies of the discriminatory notices of vacancy can be found
at www.lingvo.org/eo/2/15.

Is the Commission aware of the advertising of these vacancies? If so, has the Commission used its

1.
legal powers to combat this discriminatory requirement? If so, how? If not, why not?

2. What steps will
requirements as ‘English mother tongue’ or ‘native speaker’ in future?

the Commission take to prevent vacancies from being advertised with such

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

(2004/C 84 E/0479)

WRITTEN QUESTION E-0710/04

by Concepció Ferrer (PPE-DE) to the Commission

(10 March 2004)

Subject: EU notices of vacancy for English mother-tongue candidates

A number of technical agencies, non-governmental organisations (NGOs) and private companies, all of
them partially or totally financed by the Commission, have published notices of more than 700 vacant
posts in Europe, reserved exclusively for candidates who are ‘English mother-tongue’ or ‘native English
speakers’ (www.lingvo.org/eo/2/15).

The notices do not state that people with ‘good’ or ‘excellent’ command of English are being sought, but
explicitly and exclusively native English speakers.

Can the Commission confirm the existence of such practices and, if so, does it not consider that they
constitute an example of discrimination contrary to the provisions of the Treaties?