# CE2004088EN.01014901.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/149 |
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8.4.2004

EN

Official Journal of the European Union

CE 88/149

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(2004/C 88 E/0158)

WRITTEN QUESTION E-3484/03

by Bartho Pronk (PPE-DE) to the Commission

(24 November 2003)

Subject:   Follow-up to Written Question E-2055/03 on the Latvian Police Law prohibiting police officers from forming trade unions

Subject:

In response to my Written Question E-2055/03 (1) on trade union rights for police officers in Latvia, the Commission states that certain articles of the International Labour Organisation (ILO) Convention allow for such restrictions.

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| 1. | Is this not an incomplete response given that it does not indicate in which ILO Conventions the exceptions appear and on which articles they are based? |
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1.

Is this not an incomplete response given that it does not indicate in which ILO Conventions the exceptions appear and on which articles they are based?

| 2. | Can the Commission confirm that, according to the established interpretation of the Committee of Experts, Convention 87 does not contain an exception that would, for example, exclude Latvian police officers from the freedom to form trade unions? |
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2.

Can the Commission confirm that, according to the established interpretation of the Committee of Experts, Convention 87 does not contain an exception that would, for example, exclude Latvian police officers from the freedom to form trade unions?

| 3. | If not, what is the basis for the Commission's interpretation that Convention 87 does contain an exception? |
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3.

If not, what is the basis for the Commission's interpretation that Convention 87 does contain an exception?

| 4. | Can the Commission now urge the Latvian authorities more strongly to lift this ban on forming trade unions so that Latvia respects fundamental trade union rights in full? |
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4.

Can the Commission now urge the Latvian authorities more strongly to lift this ban on forming trade unions so that Latvia respects fundamental trade union rights in full?

Answer given by Mr Verheugen on behalf of the Commission

(12 January 2004)

(12 January 2004)

In addition to the answer given to Written Question E-2055/03 by the Honourable Member, the Commission would like to add the following information:

| — | Article 9(1) of the International Labour Organisation (ILO) Convention 87 and Article 5(1) of the ILO Convention 98 provide for the following exception: ‘The extent to which the guarantees provided for in this Convention shall apply to the armed forces and the police shall be determined by national laws or regulations.’ Article 5 of the European Social Charter contains an identical provision; |
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Article 9(1) of the International Labour Organisation (ILO) Convention 87 and Article 5(1) of the ILO Convention 98 provide for the following exception: ‘The extent to which the guarantees provided for in this Convention shall apply to the armed forces and the police shall be determined by national laws or regulations.’ Article 5 of the European Social Charter contains an identical provision;

| — | the Commission is aware of different legal interpretations of the above mentioned exceptions and notes that several current Member States, notably Italy and Greece, appear also to have imposed a total ban on police trade unions; |
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the Commission is aware of different legal interpretations of the above mentioned exceptions and notes that several current Member States, notably Italy and Greece, appear also to have imposed a total ban on police trade unions;

| — | within the limits of its mandate, which is rather restricted in that case, the Commission continues to follow this issue, and has already promoted a dialogue on the trade unions rights for police officers in Latvia. |
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within the limits of its mandate, which is rather restricted in that case, the Commission continues to follow this issue, and has already promoted a dialogue on the trade unions rights for police officers in Latvia.

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(1)  See page 61.

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