Dear Mr E.,

On 3 September 2002, you made a complaint to the European Ombudsman on behalf of Mr N. concerning a case of alleged discrimination in the framework of the Commission's traineeship programme.

On 2 October 2002, I forwarded the complaint to the President of the Commission. The Commission sent its opinion on 25 November 2002. I forwarded it to you with an invitation to make observations which you sent on 30 January 2003 by e-mail. On 27 January 2003 the University of Cambridge wrote me concerning Mr N.'s case.

I am writing now to let you know the results of the inquiries that have been made.

THE COMPLAINT

According to the complaint, the relevant facts were as follows:

Mr N., of German nationality - hereafter referred to as "the complainant" - was accepted by the University of Cambridge to undertake the MPhil in European studies after having completed three years of study in Germany. The University of Cambridge recognised his studies in Germany as equivalent to a Bachelor's degree. With the prospect of completing his MPhil, he applied for a traineeship at the Commission to start in September 2002.

His application was however rejected by the Commission's Traineeships Office, because he did not meet the basic requirement of the traineeship programme rules which is that he should hold a university diploma recognised by the country in which he studied for it. The Traineeships Office explained that the complainant made his first studies in Germany, but did not complete the whole period required by the German legislation which is 8 semesters of study. The Commission added that, even if the UK university decided to recognise the complainant's studies as a university diploma, the Commission is obliged to follow the German national legislation on the matter. The Commission further indicated that it does not make the rules on recognition of diplomas, but just follows them and applies what each national legislation decides on the issue.

The complainant now has a Masters degree from a UK university. According to the complainant, the Commission's position seems to deny the mutual recognition of diplomas and to discriminate against those who undertake part of their education in another Member State.

On 3 September 2002, Mr E. complained to the Ombudsman on behalf of the complainant. He claimed that the Commission should recognise university qualifications on a mutual basis within the EU and consider the complainant's application eligible for a traineeship at the Commission.

THE INQUIRY

The Commission's opinion

In its opinion, the Commission referred to Article 8 of the current rules governing the traineeships programme according to which "In-service training is open to candidates who have completed by the closing date for applications, a course of university education and obtained a full degree or its equivalent". These rules, in accordance with a Decision of the Commission of 7 July 1997, specify that, according to the German authorities, full university degrees in Germany are the Hochschulabschluss and the Fachhochschulabschluss (for which the standard period of study is 8 to 10 semesters). In addition, it must be noted that the precondition for sitting the final examination (Magister, Diploma or first state examination) set by the German authorities is success in an intermediate examination - the Vorprüfung or the Zwischenprüfung.

The complainant applied for in-service training with the Commission on 14 March 2002. The closing date for applications was 30 March 2002. On this date, the complainant held neither a full university degree recognised by the German authorities nor yet the Masters degree from the UK, which he expected to obtain in July 2002. He was therefore considered, according to the above stated rules, as a non-eligible candidate.

More specifically, the complainant studied for only 6 semesters in Germany but obtained excellent marks in his "Zwischenprüfung". Although this qualification would seem to be accepted by the UK universities for admission to a Masters Degree programme, it is not sufficient for the German authorities to accept that he has obtained a full university degree.

Consequently, the Traineeships Office applied correctly the Commission's decision governing the traineeships programme.

The complainant's observations

On 27 January 2003, the Admissions Office of the Board of Graduate Studies of the University of Cambridge wrote a letter to the Ombudsman concerning this case and made the following comment:

The Admissions Office assessed that the complainant displayed the potential to undertake Graduate Study at Cambridge. Though he had only completed three years of his degree in Germany, his overall score was such that the Office felt that he would be an excellent candidate to undertake the MPhil in International Relations. This has been borne out in fact because the complainant achieved a mark of 70 % in his MPhil which indicates high performance. Such a result would not have been possible if his undergraduate study had been inadequate.

The University of Cambridge was therefore content that its original decision to admit the complainant with three years' undergraduate study from the "Freie Universität Berlin" was correct. Though under the German system this does not count in Germany as a "full university degree", it is of sufficient level to prepare a student to meet the extremely demanding requirements of the Cambridge MPhil Degree.

In his e-mail of 30 January 2003, Mr E. referred to the above letter, stating that it made clear that the UK University accepted the three years full time education as equivalent to a completed British degree.

THE DECISION

1 The alleged non recognition of the complainant's university qualification for a traineeship within the Commission

1.1 The complainant claimed that the Commission should recognise university qualifications on a mutual basis within the EU and consider his application eligible for a traineeship at the Commission.

1.2 The Commission referred to Article 8 of the current rules governing the traineeships programme and stated that on the closing date for applications, the complainant held neither a full university degree recognised by the German authorities nor yet the Masters degree from the UK, which he expected to obtain in July 2002. He was therefore considered, according to the above stated rules, as a non-eligible candidate.

1.3 The Ombudsman notes that the rules governing the traineeships programme at the Commission provide that in-service training at the Commission is open to candidates who have not already benefited from in-service training in another European institution or body and (…) "who have completed by the closing date for applications a course of university education and obtained a full degree or its equivalent". As regards the minimum national education qualifications, the rules require a Hochschulabschluss and the Fachhochschulabschluss for Germany and a university degree or equivalent for the United Kingdom.

1.4 In the present case, the closing date for applications for the traineeship was 30 March 2002. It appears that on that date the complainant was still pursuing his studies and had neither obtained the required German diploma nor the Masters degree. From the information provided, it appears that the complainant did finally obtain the Masters degree, but after the deadline of 30 March 2002. In these circumstances it appears that the Commission's decision was in line with the rules governing the traineeships programme. No instance of maladministration was therefore found.

1.5 The Ombudsman notes that the complainant has now a Masters degree delivered by a UK University. He has therefore the possibility to envisage to make a new application for a traineeship at the Commission.

2 Conclusion

On the basis of the Ombudsman's inquiries into this complaint, there appears to have been no maladministration by the Commission. The Ombudsman therefore closes the case.

The President of the Commission will also be informed of this decision.

Yours sincerely,

 

Jacob SÖDERMAN