# CE2004088EN.01021301.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/213 |
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8.4.2004

EN

Official Journal of the European Union

CE 88/213

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(2004/C 88 E/0220)

WRITTEN QUESTION E-0773/04

by Maurizio Turco (NI) to the Commission

(11 March 2004)

Subject:   Violation of religious freedom in Belgium

Subject:

In view of the following:

| — | Article 9 of the European Convention on Human Rights and Fundamental Freedoms; |
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Article 9 of the European Convention on Human Rights and Fundamental Freedoms;

| — | Articles 10 and 22 of the Charter of Fundamental Rights of the EU; |
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Articles 10 and 22 of the Charter of Fundamental Rights of the EU;

| — | Article 6 of the EU Treaty; |
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Article 6 of the EU Treaty;

| — | the International Religious Freedom Report for 2003 issued by the US Department of State; |
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the International Religious Freedom Report for 2003 issued by the US Department of State;

and the fact that:

| — | in Belgium foreign teachers belonging to the Assemblies of God (AOG) group used to obtain special visas for missionaries, which meant that they did not need work permits; |
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in Belgium foreign teachers belonging to the Assemblies of God (AOG) group used to obtain special visas for missionaries, which meant that they did not need work permits;

| — | now that special visas for missionaries no longer exist, they need a work permit, but it is not clear what specific category of work permit is needed, so the missionaries do no know which one to apply for and this constitutes an administrative obstacle for them; |
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now that special visas for missionaries no longer exist, they need a work permit, but it is not clear what specific category of work permit is needed, so the missionaries do no know which one to apply for and this constitutes an administrative obstacle for them;

| — | the Church of the Latter-day Saints is still trying to solve the problem of how to obtain visas for its missionaries. |
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the Church of the Latter-day Saints is still trying to solve the problem of how to obtain visas for its missionaries.

Can the Commission say whether it is aware of these facts?

Can the Commission also say whether it considers the actions described as an infringement of the fundamental rights guaranteed in Articles 10 and 22 of the Charter of Fundamental Rights of the EU and that they therefore affect the essence of the rights, which are explicitly protected by Article 52 of the Charter?

Whether it also considers that these actions are contrary to Article 6 of the EU Treaty and therefore the principles common to all the Member States regarding respect for human and fundamental rights?

How it intends to dissuade the Kingdom of Belgium from carrying out such actions against religious freedom?

If it does not explicitly condemn these actions, on what legal principles it bases its attitude?

Answer given by Mr Vitorino on behalf of the Commission

(28 April 2004)

(28 April 2004)

The matters raised by the Honourable Member have not been referred to the Commission.

As regards the granting of specific work permits for religious workers from third countries, the Commission would point out that at present there are no Community rules on entry and residence for work purposes for nationals of third countries, and that all decisions in this field are a matter for the Member States.

In addition, the Commission has no remit to intervene in the event of violations of fundamental rights, including religious freedom, unless such violations take place within the framework of Community law and its implementation.

Lastly, if an individual believes that his fundamental rights have been violated, he can take proceedings in the European Court of Human Rights after exhausting all domestic legal remedies.

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