ITALY RECOGNITION OF FOREIGN QUALIFICATIONS FACT SHEET

Transcription

1 ITALY RECOGNITION OF FOREIGN QUALIFICATIONS FACT SHEET 1. Introduction General Legislative, Policy and Administrative Context The basic principles relating to education are laid down in the Italian Constitution of 1948 and include: freedom of education; the State s duty to provide a network of educational establishments of every type and level, open to all without distinction; the right of private individuals to set up schools at no cost to the State; the right to education and basic vocational training for those unable to work and the disabled (Articles 34 and 33 of the Constitution). The application of the basic principles of the Constitution has inspired all subsequent legislation, which has particularly insisted on compulsory schooling, teacher training, allowing pupils to develop their full potential, integration of the disabled, vocational training and autonomy for educational establishments. Organisation of the initial education and training system The education system includes the following at present: - Scuola dell'infanzia (non-compulsory) for children between 3 and 6 years of age, lasting 3 years; - first cycle of education (length: 8 years), organised in primary education for children between 6 and 11 years of age, which lasts 5 years, and lower secondary school for children between 11 and 14 years of age, lasting 3 years; - second cycle of education consisting of two different pathways: the first is upper secondary school, which falls under the responsibility of the State, lasts 5 years and is addressed to students from 15 to 19 years of age. This level of education is provided by licei, technical institutes, art institutes and vocational institutes. Vocational and art institutes also offer three-year courses. The second pathway is initial vocational training (three-year courses) for students who have completed the first cycle of education and is organised by the Regions; - post-secondary non-tertiary education, within the higher technical education and training system (Istruzione e Formazione Tecnica Superiore IFTS), offers higher technical education and training pathways and courses provided by Higher Technical Institutes (Istituti Tecnici Superiori ITS); - higher education sector consisting of university and non-university higher education. The higher education system is divided into State and non-state establishments. This Guide has been created as part of the Migration for Development in the Western Balkans (MIDWEB) project, which received financial assistance from the European Commission IPA 2009 Multi-beneficiary Programme 2.

2 Education is compulsory for 10 years (up to 16 years of age). It includes the first cycle of education and the first two years of the second cycle of education (upper secondary education). Non-State education As regards non-state higher education, there are three types of establishments: 1. Institutions within the arts sector managed by local bodies or purely private subjects; 2. Colleges that train linguistic mediators (i.e. for interpreters and translators); 3. Universities and other higher education establishments. ADULT EDUCATION There are two systems that provide adult education (Istruzione degli adulti IdA). The first falls under the responsibility of the Ministry of Education, University and Research. The second, which provides continuing vocational training (Formazione Professionale Continua FPC) for adult workers, falls under the responsibility of regional and local authorities, of social partners and of the Ministry of Labour, Health and Social Policies. Adult education is offered by Permanent Territorial Centres (Centri Territoriali Permanenti CTP) and by evening classes (Corsi serali) at upper secondary schools. A focus on Apprenticeship The apprenticeship is a mixed cause labour contract, aimed at the obtainment of a vocational qualification. Three different types of apprenticeship are foreseen: - Apprenticeship for the fulfilment of the right-duty to education and training: young people who have reached 15 years of age can be employed in every professional area. The length of the labour contract covers at most three years and aims at the obtainment of a vocational qualification; - Professionalizing Apprenticeship: people between 18 and 29 years of age can be employed. According to the qualification type to be obtained, collective agreements establish the length of the labour contract, which can t last less than two years and more than six years; - Apprenticeship aimed at the acquisition of a certificate or apprenticeship linked to high level training: all professional areas can employ people between 18 and 29 years of age for the obtainment of an upper secondary school leaving certificate, university titles and high level training titles, and to have access to the higher-level technical education and training system (IFTS). 2. Responsible authorities The general administration at national level, as far as education is concerned, is entrusted to the Ministry of Education, University and Research (MIUR). 2

3 The Regional Administration Departments (Assessorati) deal with education and training issues at regional level. The main responsibilities of the Regions concerning education and vocational training can be delegated to Provinces and Communes on the basis of a trend which reserves functions of guidance, planning and monitoring to the Regions. As a result, this gives them fewer and fewer managing functions. 3. How qualifications are assessed Equivalence procedure (Equipollenza) Academic qualifications issued by foreign universities have no legal value in Italy. If the study programme has been completed abroad, graduate students can apply to have them recognized as Italian qualifications: on the database of Italian university programmes, is possible to check if an Italian qualification corresponding to the foreign one actually exists. The competence for academic recognition by equivalence is attributed to individual universities. Italian academic authorities carry out the evaluation of H. Ed. qualifications obtained abroad within the framework of university autonomy; they decide, on a case by case basis, whether the qualifications under examination are equivalent to the Italian degrees selected by individual applicants, if they differ from them, and by which extent, or if they are not comparable in any way. Considering that each university is an autonomous institution, a different evaluation of the same foreign qualification may be given by different institutions. Applicants are personally responsible of the choice of the Italian university and degree. Student registration offices (Segreteria studenti) and foreign student offices (Ufficio studenti stranieri) of each university are the most reliable sources of information regarding the documentation needed for an equivalence procedure. The list of Italian universities is available here: Equivalence of foreign PhDs PhDs awarded in a foreign country on completion of a period of university studies and research at advanced level may be legally recognized as equivalent to an Italian PhD or 'Dottorato di Ricerca'. Professional recognition of foreign qualifications Foreign nationals, legally resident in Italy who wish to enrol to specific orders, colleges and special lists set up by the competent authorities, under quotas established, if hold a degree qualifying them for a profession, achieved in a country outside the EU, may require the recognition of the qualification for the purposes of exercising that qualification in Italy, as self-employed or employees of the relevant professions. 3

4 In Italy, there are two professional categories: (i) professions which are not regulated by law; (ii) professions which are regulated by law. (i) The professions that are not regulated by law can be practised without specific qualification and they are open to people holding both Italian and foreign qualifications. In the Italian labour market, it is not necessary to obtain legal recognition of foreign qualification to practice professions that are not regulated by law. Some examples of this first type of professions are: roles in advertising, marketing and communication, in arts and music: such as interior designer, actor/actress, dancer, singer, composer, conductor, musician, decorator, designer, fashion designer, painter, director, stage designer, sculptor, etc, as well as roles in the field of linguistic mediation such as interpreters and translators and in many other sectors. In any case, it could be useful to attach to the foreign qualification, the statement of validity (Dichiarazione di Valore in loco - DV) or any other type of official document describing the main features of the foreign degree: such a document could represent a valid support for the employer to better understand the candidate's qualification. (ii) In order to practice a profession regulated by law, it is required to hold a degree and to meet all necessary qualifications for the practice of the profession, such as work experience and/or the professional licence obtained by taking State examinations, as well as knowledge of the professional ethics. The practice of such professions is safeguarded by law and it is reserved only to those people authorized to practice the profession, in compliance with the regulations for the type of profession in question. In order to be authorized to practice a profession, applicants holding a foreign professional qualification must obtain the official acknowledgement by the competent Italian authority. The term professional qualification indicates a title that grants authorization for the practice of a certain profession in the country where it has been issued. In Italy, professional qualifications (the so-called professional recognition) are recognized as follows: - for professional qualifications issued in EU countries, the EU legislation is applied, in compliance with Directive 2005/36/EC, which regulates the recognition of foreign professional qualifications: the Italian competent authorities can grant the recognition subject to a further compensatory measure, such as an aptitude test or a period of supervised practice for the purpose of qualification adjustment; 4

5 - for professional qualifications issued in non-eu countries, the Presidential Decree 394/99, art , is applied in conjunction with the Presidential Decree n. 334/04, which grants to professional qualifications awarded in non-eu countries the possibility to be officially recognized in Italy by complying with compensatory measures. 4. How to apply For the recognition of University Diplomas obtained abroad: The application must be addressed to the rector of a university in whose Statute there is a course of study comparable to the one completed abroad. The documents to be attached are: - Original of the final secondary school certificate (or replacement certificate), which is valid for admission to university in the country in which it was obtained; - Official Italian translation of the certificate or diploma referred to in the paragraph above; - Declaration of value of the title, issued by the Italian Embassy or Consulate; - Degree - original - of which you are applying for recognition, which is also accompanied by an official translation in Italian and a declaration of value, issued by the Italian Embassy or Consulate; - Certificate - original - with details of courses taken and examinations taken abroad to obtain the foreign qualification; - Official Italian translation of the certificate referred to in the paragraph above; - Programs of study (on letterhead or a foreign university or validated with a stamp of the university itself), all disciplines included in the foreign curriculum, with translation into Italian, the authenticity of these programs, as well as all of the documentation mentioned above must be confirmed by the Italian Embassy or Consulate of the country; - Usually, two passport photos, one of which is certified. The academic authorities may: - Declare the full equivalence of foreign qualification with the corresponding one of the Italian universities, or - Ensure the partial recognition of individual exams, with the consequent need for the concerned person to enrol in an intermediate year of study in Italy to complete the exams, and, where appropriate, prepare and discuss the dissertation. These institutions shall pronounce on requests for approval within 90 days of receipt of the request. In the event that the academic authorities need further inquiries, the term is suspended for 30 days. 5

6 The process of equivalence / recognition is finalized with the issuance of an executive decree of the Rector that makes applicable the decision of the University Senate. The recognition of foreign academic titles may also take place under specific bilateral cultural agreements or arrangements concluded with other countries. EU citizens residing abroad and non-eu residents or foreign residents in Italy, who do not hold a residence permit, must submit the application for recognition, together with all required documentation, to the diplomatic mission responsible for the country which refers to the university of foreign qualification; the Embassy, upon verification of the the correctness of the formal request, will then forward them to the Italian universities (deadline August 31 of each year). Relevant bodies to provide detailed information on the documents to be submitted and formal features are the Italian diplomatic authorities abroad and, in Italy, the Students' Secretariat or the Office for Foreign Students at each university. Against the rejection of the application or if further inquiries are being carried out and no action has been taken, the applicant may appeal to the regional administrative court, or an extraordinary appeal to the Head of State or can apply to the Ministry of University and Scientific and Technological Research, which, over the next twenty days, if it considers it justified, can invite the university to review the application, notifying also the concerned applicant. The university decides within the next 60 days. For the recognition of Professional Qualifications obtained abroad The recognition of professional titles obtained in a non-eu country requires some formalities with regard to documentation that should be submitted. For some profession the recognition should be obtained at the Ministry of Justice (visit for the list of professions in Italian) Submission of applications You must apply for approval using the format indicated. At the time of submission, the application forms must already be compiled, accompanied by the documentation included in the lists, with the certified copy of an ID card and two stamps of the value of each. The application form for recognition is different depending on whether the application is submitted by a foreign citizen legally residing in Italy or by a foreign national who sends the application from abroad and who intends to use the recognition of professional titles in order to obtain an entry visa for self-employment in Italy. 6

7 In the latter case, the foreigner must apply to the Ministry of Justice for a statement that there are no impediments to granting the qualification for the exercise of the profession. The declaration is issued when all conditions are met; in particular, to obtain such declaration, the foreigner must provide the same documentation required for foreigners who, having already had an entry visa and staying in Italy, apply for recognition of professional titles. Examination of applications If the examination reveals that the applicant does not know subjects considered essential for the exercise of the profession in Italy, the applicant may be asked to pass an aptitude test or follow an adaptation course (though the latter is excluded for the professions lawyer, accountant and auditor). However, studies and professional experience is also evaluated, if documented, with a view to a possible decrease of the compensatory measure. The applications for the recognition of professional qualifications obtained in non-eu countries from non-eu or EU citizens must be sent to the following address: Ministero della Giustizia Dipartimento per gli Affari di Giustizia Direzione Generale della Giustizia Civile Ufficio III Via Arenula Roma The applications may also be submitted to the office for the acceptance of correspondence: Via delle Zoccolette n. III, Roma as per the following timetable: Monday to Saturday: ; For general information contact: Settore Internazionale Reparto II Ufficio III Direzione Generale della Giustizia Civile Dipartimento per gli Affari di Giustizia Via Arenula, ROMA Telefono Fax Dott.ssa Emanuela Ronzitti Dott.ssa Stefania Napoleoni Dott.ssa Franca Mancini Sig.ra Laura Timperi 7

8 Application forms for the recognition of professional qualifications obtained in a non-eu country by EU or non-eu citizens: Application Form for the recognition of professional qualification by a foreign citizen holder of a residence permit: Application Form for the statement that there are no impediments to granting the qualification for the exercise of the profession, in case the application is submitted from abroad in order to obtain the entry visa: Recognition of qualifications on health professions Health professions are those recognized by the Italian State and, pursuant to a qualifying title, relate to the prevention, diagnosis, treatment and rehabilitation. Some health care professionals are organized into Orders and Colleges, based in each of the provinces of the country. There are currently: Provincial orders of surgeons and dentists, veterinarians provincial Orders, provincial Orders of Pharmacists, provincial Colleges of Midwives, provincial colleges of professional nurses (IPASVI) and provincial colleges of the health technicians and medical Radiology. In Italy, the exercise of health professions is open to those who have obtained their degrees and certification abroad, upon recognition by the Ministry of Health. Which titles are eligible for recognition: The qualifications eligible for recognition are those obtained in the following health professions and auxiliary arts: Original Farmacista Medico chirurgo / Medico Specialista / Medico di Medicina Generale Odontoiatra Veterinario Assistente sanitario Dietista Educatore professionale Fisioterapista Igienista dentale Infermiere Infermiere pediatrico Logopedista Massaggiatore, capo bagnino Odontotecnico English translation Pharmacist Surgeon / Medical Specialist / General Practitioner Odontologist Veterinary Healthcare assistant Dietician Professional educator Physiotherapist Dental Hygienist Nurse Paediatric nurse Speech therapist Massager, head lifeguard Dental technician 8

9 Operatore socio sanitario (1) Medical social worker (1) Ortottista- Assistente di oftalmologia Orthoptist, Ophthalmic Assistant Ostetrica/o Midwife Ottico Optitian Podologo Podiatrist Puericultrice Paediatrician Tecnico audiometrista Audiometric technician Tecnico audioprotesista Audio-prosthesis technician Tecnico della fisiopatologia cardiocircolatoria Technician of e perfusione vascolare cardiovascular physiopathology and vascular perfusion Tecnico della prevenzione nell'ambiente e nei Environment and workplace prevention luoghi di lavoro technician Tecnico della riabilitazione psichiatrica Psychiatric rehabilitation technician Tecnico di neurofisiopatologia Neurophysiopathology technician Tecnico ortopedico Orthopaedic technician Tecnico sanitario di laboratorio biomedico Biomedical laboratory medical technician Tecnico sanitario di radiologia medica Medical radiology medical technician Terapista della neuro e psicomotricità dell'età Neuro- and psychomotor therapist for evolutiva developmental age Terapista occupazionale Occupational Therapist Note (1) To practice the profession of medical social worker, the person involved, whether a Community or extra-community citizen must contact the region or autonomous province where they live, or intend to practice their profession, as required by article 13 of the agreement between the state, regions and autonomous provinces of 22 February Degree obtained in a non-eu country To obtain authorisation for professional practise in Italy, EU and non-eu citizens holding professional degrees earned in a non-eu country, must submit an application for the recognition of the degree, even if the degree has already been recognised in another EU country. In this case the health Ministry takes into consideration any supplemental training and professional activity acquired by the interested party in the EU country. In particular: Surgeons, veterinaries, pharmacists and odontologists must fill in the application form MODELLO D1 and submit the documents provided for under Attachment D1: All other professions must fill in the application form MODELLO D2 and submit the documents provided for under Attachment D2 9

10 nurses and medical technicians of healthcare radiology wishing to work in one of the following regions and autonomous provinces: Calabria, Lazio, Umbria, Veneto, Campania, Liguria, Piemonte, P.A. di Bolzano, Emilia Romagna, Lombardia, Valle d'aosta, P.A. di Trento must send applications using the application form MODELLO H and submit the documents provided for under Attachment H directly to the competent regional and provincial offices. The cooperatives, organizations or individual subjects delegated to handle recognition paperwork who are legal residents of the cited regions or provinces must also do likewise. Those holding a professional degree complementary to a degree qualifying for the practice of a healthcare profession must fill in the application form MODELLO E: ( and submit the documents provided for under Attachment E: SPECIAL CASES, for EU citizens: Only EU citizens requesting recognition for titles enabling the practice of the auxiliary arts of optitian, dental technician or other auxiliary art (Law 752/8 November 1984), may use the application form MODELLO F and submit the documents indicated in the ATTACHMENT F: Community citizens holding qualifications enabling them to practice the health profession of medical surgeon, medical specialist, veterinary, pharmacist and odontologist obtained in an extra-community country and already recognized (through an equivalence procedure) in a member country of the European Union (DL 277/2003, implementing Directive 2001/19/CEE), can request recognition of the qualification by filling-out the application form MODELLO I: and submit the documents indicated in the ATTACHMENT I: Validity of decrees recognizing qualifications obtained in extra-community countries Recognition decrees expire two years from the date of issue, if the person involved is not enrolled in the relative professional association. In the case of professions not organized into "ordini" or "collegi" (medical associations), decrees expire if the person involved has not practiced with it for two years. 10

11 Recognition decrees issued before 25 February 2005 expire two years from that date in the case of a failure to enrol in the medical association or practice with it. 5. Further information Issues related to professional recognition If you have encountered problems related to legal proceedings caused by the misapplication of EU Directive 2005/36/EC by Italian or foreign (EU) public authorities during the recognition process of your EU professional qualification, you can contact: Italian SOLVIT centre Presidency of the Council of Ministers Department for the Community Policies Presidenza del Consiglio dei Ministri - Dipartimento per le Politiche Comunitarie Piazza Nicosia, Roma fax: solvit@palazzochigi.it Contact persons: Ms. Giuseppina Valente: tel Mr. Francesco Cipri: tel Mr. Massimo Santorelli: tel SOLVIT is an on-line problem solving network in which EU Member counties work together to solve problems caused by the misapplication of Internal Market law by public authorities, with no need to resort to legal proceedings. There is a SOLVIT centre in each European Union Member State. SOLVIT Centres can help handling complaints from both citizens and companies. They are part of the national administration and are committed to providing actual solutions to problems within ten weeks. Using SOLVIT is a free service: 6. Useful links Authorities in charge of professional recognition The following authorities are responsible for the professional recognition of EU qualifications that allow individuals to practice a profession corresponding to a regulated one in Italy. Please note that the list of regulated professions indicated under each authority is not exhaustive. NATIONAL CONTACT POINT for information on professional recognition Presidency of the Council of Ministers Community Policies Department Office of Internal Market and Competitiveness Presidenza del Consiglio dei Ministri Dipartimento Politiche Comunitarie - Ufficio Mercato Interno e Competitività Piazza Nicosia, 20; I Roma Contact person: Ms. Lucia Monaco 11

12 tel: ; fax: web: (i) Ministry of Health General Directorate of Human Resources and Health Professions Office IV & VII (i) Ministero della Salute - Direzione Generale Risorse Umane e Professioni Sanitarie - Ufficio IV & VII Via Giorgio Ribotta, Roma Tel: /2694/2854/2225/2310/2286 Web: Professions: Doctor (Medicine); children's assistant, dentist, midwife, nurse, pharmacist, physician, specialized physician, psychologist, sanitary assistant (dental technician, optician, podiatrist, etc.), sanitary technician (audiometrist, speech therapist, orthoptist, laboratory technician, medical radiology technician, etc.), physiotherapist, veterinary etc. (ii) Ministry of Justice International Sector Division II Office III, General Directorate of Civil Justice Department of Justice Affairs (ii) Ministero della Giustizia - Settore Internazionale - Reparto II - Ufficio III, Direzione Generale della Giustizia Civile - Dipartimento per gli Affari di Giustizia Via Arenula, 70 - I Roma Tel: Web: Professions: accountant, accounting & commercial expert, actuary, agronomist, agronomy expert, agrotechnician, biologist, chemist, engineer, food technologist, forestry expert, geologist, industrial expert, journalist, lawyer, social worker, stock-broker, surveyor etc. (iii) Ministry of Education, Universities and Research Education Department General Directorate of School Regulations, Office X (iii) Ministero dell'istruzione, dell'università e della Ricerca - Dipartimento per l'istruzione - Direzione Generale Ordinamenti Scolastici, Ufficio X Viale Trastevere, 76 - I Roma Tel: /3205 Professions: teachers in state nursery, primary, all secondary schools & institutes. (iv) Ministry of Education, Universities and Research General Directorate for Universities, Off. IX (iv) Ministero dell Istruzione, dell'università e della Ricerca - Direzione Generale per l'università, Uff. IX P.le Kennedy, 20 - I Roma Tel: /7061 Professions: architect, planning and regional development expert, landscape expert, oenologist, etc. (v) Ministry of Labour and Social Policies General Directorate of Policies, Orientation and Formation Div. I 12

13 (v) Ministero del Lavoro e delle Politiche Sociali - Direzione Generale per le Politiche l Orientamento e la Formazione - Div. I Via Fornovo, 8 - I Roma Tel: /4238 Web: efault.htm Profession: beautician. (vi) Ministry of Economic Development Department of market regularization General Directorate of Competition and Consumers Office VI (vi) Ministero dello Sviluppo Economico -Dipartimento per la regolazione del mercato - Direzione Generale per la Concorrenza e i Consumatori - Ufficio VI Via Molise, 2 - I Roma Tel: Professions: technicians in the following fields: electrical systems, electronic systems, hydraulic systems, heating systems installations, gas pipelines installations, fire-fighting system installations, cleaning activities, disinfestations activities, rat extermination activities, disinfection activities, mechanic, garage mechanic, vehicle electrical systems mechanic, tire changer, trade broker and agent, barber and hairdresser. (vii) Presidency of the Council of Ministers Department for the Tourism Development and Competitiveness (vii) Presidenza del Consiglio dei Ministri Dipartimento per lo sviluppo e la competitività del turismo Via della Ferratella in Laterano, 51 - I Roma Tel: /256 Web: Professions: tourist guide; technical director of travel agency; tourist leader. (viii) Presidency of the Council of Ministers Mission Structure for Sports (viii) Presidenza del Consiglio dei Ministri - Struttura di Missione per lo Sport Tel: Professions: alpine guide, speleological guide, sky instructor etc. Visit this link for the full list (in Italian): 13