As a result of the publication in the Official State Gazette of various Resolutions of the General Directorate of University Policy, which published, in turn, the corresponding Agreements of the Council of Ministers determining the level of correspondence at the level of the Spanish Framework of Qualifications for Higher Education of different university degrees of an official nature belonging to the previous ordination (Bachelor, Architect, Engineer, Diploma, Technical Architect, Technical Engineer), this Steering Centre has received various queries in which it is considered whether the level correspondence made for these public degrees is also related to the Public Administration and Higher Qualifications.

In this regard, and once contrasted with the Ministry of Education, Vocational Training and Sports, this Directorate-General states the following:

As indicated, the aforementioned Agreements of the Council of Ministers of 4 September 2015, are intended solely to establish the level of correspondence of the official university degrees referred to in said Agreements with the level of the Spanish Framework of Qualifications for Higher Education, in accordance with the procedure established for this purpose by the then in force Royal Decree 967/2014, of 21 November, which establishes the requirements and procedure for the approval and declaration of equivalence to degree and official university academic level and for the validation of foreign studies of higher education, and the procedure for determining the correspondence to the levels of the Spanish Engineer, Master's Degrees and Technical Qualifications.

The Spanish Framework of Qualifications for Higher Education, MECES, arises within the framework of the so-called Bologna Process – which will lead to the creation of the European Higher Education Area – and in particular, by the Recommendation of the European Parliament and of the Council of 23 April 2008 advising the States to align their qualifications systems, so that a qualifications framework is established that is comparable with its European equivalent.

As stated in the explanatory part of Royal Decree 1027/2011, of 15 July, establishing the Spanish Framework of Qualifications for Higher Education, “With the definition of the Spanish Framework of Qualifications for Higher Education it is intended, on the one hand, to inform society and in particular students about what the learning requirements of each level are, and on the other hand, to provide information to employers about what the corresponding competences of those who are going to be employees are. On the other hand, the transcendent utility that underlies MECES as a tool that will facilitate mobility and the international recognition of qualifications and training must be highlighted.”

And more specifically, article 1 of this Royal Decree 1027/2011, of 15 July, clearly defines the content, purpose and effects of MECES. It reads like this:

‘Article 1. Object.

1. This royal decree establishes the Spanish Framework of Qualifications for Higher Education, MECES and the description of its levels, the purpose of which is to allow the classification, comparability and transparency of higher education qualifications in the Spanish education system.

2. MECES is an internationally recognised instrument that allows for the consistent levelling of all higher education qualifications for classification, relationship and comparison and also serves to facilitate the mobility of people in the European higher education area and in the international labour market.’

This provision is ratified by Royal Decree 22/2015, of 23 January, which has amended Article 4 Royal Decree 1027/2011, of 15 July, which regulates MECES, establishing the correspondence between the levels of the Spanish Framework of Qualifications for Higher Education and the European Framework of Qualifications, with the object, as stated in the explanatory part of the aforementioned Royal Decree of “Guarantee the internationalization of Spanish university graduates”.

Therefore, the levels included in the MECES are intended, as stated in the Royal Decree, to facilitate mobility in the European Higher Education Area and in the international labour market, but in no case does it imply a modification of the professional effects that, where appropriate, the official university degrees of the previous organization (Bachelor, Architect, Engineer, Diploma, Technical Architect, Technical Engineer) have in the national eremu.

In accordance with the current legislation on qualifications, official degrees, both university and non-university, as well as academic effects, may have, where appropriate, professional effects.

This difference of effects, in the case of the official university degrees of the previous ordination, is clearly reflected in the first additional provision of Royal Decree 822/2021, of 28 September, which establishes the organization of university education and the procedure for ensuring its quality, in the same terms as previously did Royal Decree 1393/2007, of 29 October, which establishes the organization of official university education, as follows:

“First additional provision. Effectiveness of official university degrees corresponding to the organization prior to the EHEA.

1. Official university degrees obtained in accordance with curricula prior to the current organization of university education implemented under the principles of the European Higher Education Area shall maintain all their academic and, where appropriate, professional effects.”

The professional effects of the official title are those that empower for the performance of a profession, or for access to employment, either public or private, in the terms provided by the current legislation.

Therefore, as indicated, when the current regulation requires for entry into the Public Administrations, their Public Bodies or Public Law Entities, linked or dependent, to be in possession of an official university degree of the previous organization (Bachelor, Architect, Engineer, etc. ), it is estimated that it does not attend to the academic effects of the degrees but to the professional effects.

All these considerations are confirmed by the provisions of the Eighth Additional Provision of the aforementioned Royal Decree 967/2014, of 21 November, which has been repealed by Royal Decree 889/2022, of 18 October, which establishes the conditions and procedures for the approval, declaration of equivalence and validation of university studies of foreign educational systems and which regulates the procedure for establishing the correspondence at the level of the Spanish Framework of Qualifications for Higher Education of official university degrees belonging to previous academic orders.

Without prejudice to the above, the fourth additional provision of Royal Decree 889/2022, of 18 October, as did the repealed rule, expressly excludes from its application to the Public Administrations, in the following terms:

“Fourth additional provision. Qualification for admission to public administrations.

The system of qualifications required for entry into public administrations will be governed, in any case, by the provisions of the revised text of the Law on the Basic Status of Public Employees, approved by Royal Legislative Decree 5/2015, of 30 October, and the rest of its specific regulations that may apply.”

That is, the entry into the Public Administrations, Public Bodies and other entities of them dependent to which the provisions of this TRLEBEP apply will be governed, in any case, by what is provided for in this rule as well as any other specific regulations that may apply.

In particular, article 76 of the consolidated text of the Law on the Basic Status of Public Employees, approved by Royal Legislative Decree 5/2015, of 30 October (hereinafter, TRLEBEP), applies in relation to the qualifications required for access to the Bodies or Scales of career civil servants. Specifically, for access to Group A (subgroup A1) the degree title.

On the other hand, the provisions of the third transitional provision of the same rule which states that: “until the introduction of the new university degrees referred to in Article 76 is generalized, official university degrees in force at the entry into force of this Statute shall continue to be valid for access to the public service.”

Conclusions:

In this sense, for the access to Bodies or Scales of subgroup A1, the titles of Bachelor, Architect and Engineer are still valid, together with the title of Degree.

Finally, Royal Decree 822/2021, of 28 September, which establishes the organization of university education and the quality assurance procedure, is approved for the need to redefine the organization and structures of official university education, included in this royal decree, taking into account the experience accumulated during this decade of implementation of the EHEA.

Royal Decree 1393/2007, of 29 October, which established the organization of official university education (repealed by the Royal Decree of the previous paragraph), had been the subject of up to nine modifications of various entity (the last one being carried out by Royal Decree 103/2019, of 1 March, which approves the Status of Predoctoral Research Personnel in Training) so that a new standard is necessary that guarantees, among others, the principle of legal certainty in the operation of the Spanish university system.

The current regulation maintains the basic structure of the academic offer, currently in force, configured in three stages: Degree, Master and Doctorate and, without prejudice to other important changes from the academic point of view, reformulates the process of verification, monitoring and accreditation of official university degrees.

The first additional provision continues to maintain the ‘Effectiveness of official university degrees corresponding to pre-EHEA management’, without establishing equivalencies or providing for the approval or equivalence procedure of current university degrees with previous ones.

What this additional Provision does is to safeguard the academic and professional effects of previous degrees and to establish a recognition of credits for those who hold official Spanish degrees prior to the EHEA, in this case subject to consultation, for those who have an official Diploma degree, and wish to access official Degree teachings, in accordance with the requirements and procedure established there.

In conclusion, in general, the title required for access to Bodies or Scales of subgroup A1 is the Degree or Bachelor, Architect and Engineer Degree.

And, therefore, the effects of the ‘Certificate of Correspondence of the Diploma in Tourism’ with Level 2 (degree) of the Spanish Framework of Qualifications for Higher Education (MECES) that is attached in your letter, is no more intended than to facilitate mobility in the European Higher Education Area and in the international labour market, without in any case changing the professional effects that, where appropriate, the official university degrees of the previous ordination of the national eremu nazionala.

All of the above is without prejudice to remember that, according to the regime of competences of this management center, the answers to queries issued by this general directorate are merely informative and, consequently, do not have the character of a binding criterion, nor do they give rise to rights or expectations of law, nor do they imply any link with the type of procedures to which they refer. In addition, since they are not mandatory or binding, the bodies to which such replies are addressed may, where appropriate, finally take a decision that does not correspond to the opinion contained therein.

The answers to queries contained in this bulletin deal with the issues raised in the light of the regulations in force at the time of their issuance, so that these answers may be affected by subsequent legislative changes or judicial resolutions.