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Diplomas: the Court refuses the (insubstantial) appeal of the Polish government

(B2) Poland failed on July 18 in its challenge to the 2005 directive on the recognition of professional qualifications. His appeal was clearly dismissed by the Court of Justice of the EC (case C-460/05). A contradictory position: we vote for but then we contest Discussed in April 2005 at Coreper, this directive – which essentially aims to consolidate in a single text provisions scattered in several documents – had been the subject of criticism from the Polish representative on the issue of nurses and midwives. The Polish government had finally voted in favor of this text, containing a unilateral declaration (Germany and Greece had voted against, Luxembourg had abstained). Before the Court, the only legal argument of the Polish government was the absence of “motivation justifying the maintenance for Polish training certificates of rules different from those applicable to certificates obtained in other Member States”.
Only one legal argument, very weak
Following the opinion of the Council, the Parliament and the Commission, the Court rejected this argument considering that this text “presents nothing new and in no way modifies the existing legal situation”. The fact that Poland, during the work on the drafting of the directive, asked for the disputed provisions to be amended “is not in itself such as to call this conclusion into question”. Moreover, adds the Court, “the Polish government knew, in a precise manner, both the reasons which led to the initial adoption and to the maintenance of the derogations for certain educational qualifications”.
The Court is not an appeal body for political discussion
The Court thus clearly indicates its intention not to allow itself to be dragged into the field of political discussions, as the Polish government urged it to do. The recitals are pithy and refer without discussion to an appeal, the weakness of the legal formulation and the intention of which is clearly felt: to reverse a decision of the Council acquired by qualified majority.

Comment: By playing this game (I approve of a decision, then I contest it), the Polish government does not show seriousness and good faith in its European relations. This behavior is rather apparent in the grumpy and cantankerous child. It is time for Poland to grow up and emerge from adolescence! If Poland wants to play a role in the European concert, it should perhaps change its mindset: either it formally contests a decision and then contests it legally - with a serious and substantiated argument (as some governments such as the British, German or French) - or it accepts it - and then does not encumber the European jurisdictions with useless appeals which have no legal basis but result from a rather unhealthy political assessment of the discussions Europeans.

(NGV)

Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).

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