# CE2004084EN.01087701.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/877 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/877

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(2004/C 84 E/0971)

WRITTEN QUESTION E-0780/04

by Maurizio Turco (NI) to the Commission

(11 March 2004)

Subject:   Violation of religious freedom in the United Kingdom

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:

| — | the Unification Church has tried to have the ban on its leader, the Reverend Sun Myung Moon, visiting the United Kingdom lifted; |
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the Unification Church has tried to have the ban on its leader, the Reverend Sun Myung Moon, visiting the United Kingdom lifted;

| — | on 15 May the Reverend Moon was sent a letter telling him that he should not attempt to enter the country on the grounds that his ‘presence there would not be conducive to the public good for reasons of public order’. |
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on 15 May the Reverend Moon was sent a letter telling him that he should not attempt to enter the country on the grounds that his ‘presence there would not be conducive to the public good for reasons of public order’.

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

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 United Kingdom 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

(22 April 2004)

(22 April 2004)

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

With regard to the UK authorities' decision to refuse entry to the leader of the Unification Church, Mr Moon, the Commission would point out that, under the EC Treaty, each Member State is responsible for maintaining public order and ensuring internal security and may, on that basis, decide to refuse permission to third-country nationals to enter and stay in the country.

Furthermore, the Commission is empowered to intervene in respect of violations of fundamental rights, including religious freedom, only where such violations take place within the framework of Community law and its implementation, and on condition that Mr Moon is not a citizen of a Member State other than the United Kingdom.

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

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