WRITTEN QUESTION E-3406/00

by Cristiana Muscardini (UEN) and Gianfranco Fini (UEN) to the Commission

(7 November 2000)

Subject: Over-use of deportation procedures: infringement proceedings by the Commission against the Federal Republic of Germany

In the view of the German authorities, only those who work and are productive are EU citizens, and have the rights that go with citizenship.

Although accidents, illness or unemployment (which unfortunately strike the most disadvantaged sections of the population, such as immigrants) ought to lead to social assistance being granted as stipulated by the law, these authorities are instead, in contravention of Community legislation, ordering multiple deportations and cutting short lawful stays.

We ask the Commission to intervene with the German authorities to ensure that they comply once again with the Treaty and we also ask the Commission to state what measures the authorities of the Federal Republic of Germany have introduced to combat racism, intolerance and xenophobia.

Joint answer to Written Questions E-3404/00, E-3405/00, E-3406/00 and E-3408/00 given by Mrs Diamantopoulou on behalf of the Commission

(22 December 2000)

The Commission is not aware of the specific situation concerning the Sicilian family outlined in the Honourable Members' questions. If the Honourable Members could provide details of the case to the Commission, it could investigate further.

The Commission would refer the Honourable Members to its answer to Written Question P-3394/00 by Mr Musumeci(1) for an explanation of Community law on the renewal and withdrawal of residence permits as well as an explanation of the correspondence between the Commission and the German authorities on this subject. The German authorities have replied to the letter mentioned in the answer to Written Question P-3394/00 and have assured the Commission that they have written to the authorities at Länder level, who in turn have informed their authorities responsible for foreigners.

The Commission has taken infringement proceedings against Germany on the related topic of the expulsion of Italians from Germany for alleged public order offences. Other than launching infringement proceedings the Commission has no power to take other action to require a Member State to comply with Community law. There are no specific sanctions for breach of the rules on free movement of workers other than those which apply generally in the case of a breach of Community law. Union citizens who are involuntarily unemployed are entitled to social assistance, and must not be expelled from the territory for that reason.

The right to free movement of workers is a fundamental right under Community law. Any citizen who feels his right to free movement has been breached may complain to the Commission or petition the Parliament. He may also start proceedings before national courts alleging that national authorities have breached his Community law rights and are thus liable to compensate him(2).

The Commission is forwarding directly to the Honourable Members and to the General secretariat of the Parliament its report on Member States' legal provisions to combat discrimination for information on the measures introduced by Germany to combat racism, intolerance and xenophobia.

(1) OJ C 136 E, 8.5.2001, p. 229.

(2) See Cases C-9/90 Francovich [1991] ECR I-5357 and C-48/93 Brasserie du Pêcheur [1996] ECR I-1029.