# CE2004078EN.01012301.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/123 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/123

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(2004/C 78 E/0125)

WRITTEN QUESTION E-2540/03

by Maurizio Turco (NI) to the Commission

(30 July 2003)

Subject:   Agreements between the Spanish State and the Vatican State which violate fundamental rights

Subject:

The questioner would like to refer to:

| — | Articles 6(1) and 6(2) of the EU Treaty, Articles 226 and 307 of the EC Treaty |
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Articles 6(1) and 6(2) of the EU Treaty, Articles 226 and 307 of the EC Treaty

| — | Articles 1(1), 14,16 and 27(3) of the Spanish Constitution; and |
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Articles 1(1), 14,16 and 27(3) of the Spanish Constitution; and

| — | Articles 6, 10, 21 and 14(3) of the Charter of Fundamental Rights of the EU. |
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Articles 6, 10, 21 and 14(3) of the Charter of Fundamental Rights of the EU.

Knowing that:

| — | the application of certain agreements concluded between the Vatican State and the Spanish State in 1976 and 1979 is giving rise to a violation of the fundamental rights of equality freedom and nondiscrimination protected under EU law and the Spanish Constitution; |
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the application of certain agreements concluded between the Vatican State and the Spanish State in 1976 and 1979 is giving rise to a violation of the fundamental rights of equality freedom and nondiscrimination protected under EU law and the Spanish Constitution;

| — | by virtue of the Agreement concerning Economic Affairs, the Catholic Church enjoys tax benefits and exemptions that are not enjoyed by any other religious faith in Spain, which constitutes religious discrimination against the other religious faiths registered in that country; |
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by virtue of the Agreement concerning Economic Affairs, the Catholic Church enjoys tax benefits and exemptions that are not enjoyed by any other religious faith in Spain, which constitutes religious discrimination against the other religious faiths registered in that country;

| — | in addition to giving rise to a violation of the fundamental right protected under Article 14(3) of the Charter of Fundamental Rights of the EU and Article 27(3) of the Spanish Constitution, the Agreement on Education and Cultural Affairs, through laws such as the Organic Law on Quality in Education, contravenes Article 16(2) of the Spanish Constitution and Article 3(2) of Royal Decree 2438/1994, as was established by the Supreme Court of the Canaries (TSJC) in its judgment No 153/2003. |
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in addition to giving rise to a violation of the fundamental right protected under Article 14(3) of the Charter of Fundamental Rights of the EU and Article 27(3) of the Spanish Constitution, the Agreement on Education and Cultural Affairs, through laws such as the Organic Law on Quality in Education, contravenes Article 16(2) of the Spanish Constitution and Article 3(2) of Royal Decree 2438/1994, as was established by the Supreme Court of the Canaries (TSJC) in its judgment No 153/2003.

Is the Commission aware of the above facts, and if it has taken them into consideration and assessed them, what conclusions does it draw from this assessment?

Does it consider the agreements between the Holy See and the Spanish State to be incompatible with the EC Treaty and the EU Treaty and does it believe that the Kingdom of Spain has taken all appropriate steps to remove the incompatibilities?

Does it believe that complaints against infringements of the Constitution should be brought only through the country's national law, or can they be taken into consideration by the Community institutions as serious violations of the rule of law and democracy?

Answer given by Mr Vitorino on behalf of the Commission

(18 September 2003)

(18 September 2003)

The Commission would point out that the matters to which the Honourable Member refers concern the status granted by the Spanish State to religions, and in particular the Catholic religion. These matters do not, therefore, fall within the scope of European Union law.

Accordingly, any incompatibilities with religious freedom that might come to light in this connection must be dealt with at national level.

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