91997E3558

WRITTEN QUESTION P-3558/97 by Riccardo Nencini (PSE) to the Commission (4 November 1997)

Subject: Equivalence of diplomas in Europe

Ms Cristina Ruiz Martì, a Spanish national, applied to take part in a selection competition for a post as library assistant at the University of Florence; in her application, she requested recognition of the equivalence of her secondary education diploma. Decree Law No 29 of 3 February 1993 refers to the procedure for establishing the equivalence of diplomas awarded on completion of secondary education. However, the procedure specified in that legislation has never been implemented, with the result that, according to the Spanish Consulate General, no Spanish citizen who has submitted a declaration concerning the equivalence of secondary education diplomas issued by the Italian Consulate has ever been allowed to take part in a public competitive examination.

So Ms Ruiz Martì's application was rejected because, although she had provided all the documentation requested, it was impossible in practice to establish the equivalence of her diploma as there was no organization in Italy capable of doing so.

What action does the Commission intend to take to resolve this question, which involves a serious and recurrent infringement of fundamental rights?

Answer given by Mr Monti on behalf of the Commission (6 January 1998)

Decree-Law No 29 of 3 February 1993, to which the Honourable Member refers, lays down in Article 37(1) the right of Community citizens to sit examinations for public-sector jobs in Italy that do not entail the exercice of public authority. Article 37(3) provides for the adoption by the Government of a procedure for recognising the equivalence of study qualifications, thereby making it easier for Community nationals to sit such examinations. According to the Honourable Member, the implementing provisions for the Decree-Law have not yet been adopted.

Under Article 48 of the EC Treaty, which concerns freedom of movement for workers, as interpreted in case law ((See in particular the judgments in Heylens (Case 222/86) and Vlassopoulou (Case C-340/89). )), the Italian authorities are required, even if there are no national rules on equivalence procedures, to take account of qualifications obtained in another Member State and to compare the education or training acquired by the migrant with that required in the host Member State. That Article may also be relied upon directly by individuals before the national courts.

The Commission has already contacted the Italian authorities with a view to finding a solution to this problem.