WRITTEN QUESTION E-3768/02

by Erik Meijer (GUE/NGL) to the Commission

(23 December 2002)

Subject: Observance of the repeatedly acknowledged language rights of the Slovene-speaking minority in the Austrian province of Carinthia prior to Slovenia's accession to the EU

1. Does the Commission recall that, after World War I, a majority of the inhabitants of the southern edge of the Austrian province of Carinthia, most of whom were Slovene-speakers, voted in a referendum to remain part of Austria instead of joining the recently founded Kingdom of the Serbs, Croats and Slovenes, one reason being that they were given an undertaking that in the area where they lived, even within the Republic of Austria, the Slovene language would play a full role in government, information provision and education?

2. Does the Commission also recall that in the 1955 State Treaty, which made full re-emergence of the Austrian State possible after World War II, the collective language rights of ethnic minorities in the areas where they live, denied or ignored until then, were again guaranteed?

3. Is the Commission aware that the hitherto largest party in Carinthia and the present Governor, Haider, from that party, owe their popularity in part to their propaganda in favour of a monolingual German Carinthia and to their opposition to the Slovenes' language rights, but that a court ruling at the highest level, in 2001, confirmed that the placename signs in Slovene which have been vandalised and removed by German-speaking opponents of bilingualism since the 1970s must be repaired and put back?

4. Can the Commission confirm that this conflict is now threatening to escalate because the Carinthian Government is still thwarting implementation of the court ruling, that the Slovene-speakers in Carinthia have now rejected a proposal to keep funding the continued existence of their long-established radio station, Radio Dva, from government monies in return for voluntarily giving up most Slovene-language placename signs, and that that rejection is to be punished at the start of 2003 by ending subsidies for the radio station?

5. What is the Commission doing to ensure that, in time for accession by the neighbouring Republic of Slovenia to the European Union on 1 May 2004, there is complete observance in the Austrian province of Carinthia of the language rights granted to the Slovene-speaking population in 1919, 1955 and 2001, so that the disagreement between the two communities does not soon grow into a permanent border conflict between two EU Member States which is increasingly difficult to resolve?

Source: 2 December 2002 edition of the Dutch newspaper De Volkskrant

Answer given by Mrs Reding on behalf of the Commission

(17 February 2003)

The rights of minorities are part of the principles listed in the first paragraph of Article 6 of the Treaty on the European Union. These principles, which have been set out in various international conventions(1), have been solemnly reaffirmed by the Charter of Fundamental Rights of the European Union(2). Article 21(1) of this Charter refers to the prohibition of discrimination based, among others, on ethnic origin, language, religion or membership of a national minority, and Article 22 requires that the Union respect cultural, religious and linguistic diversity. It should be noted, however, that Article 51 of the Charter specifies that its provisions are addressed to the institutions and bodies of the Union with due regard to the principle of subsidiarity, and to the Member States only when they are implementing Community law.

These principles are enforced by means of the infringement proceedings provided for in Article 226 (former Article 169) of the EC Treaty and by the political procedure laid down in Article 7 of the Treaty on the European Union. Under the former, the Commission may bring the matter before the Court of Justice if the complaint comes within the scope of Community law: this is notably the case when the Member State does not transpose a Directive correctly. Under the latter, if there is a serious or persistent breach of the principles mentioned in Article 6 of the Treaty on the European Union, the Commission or one third of the Member States may refer the matter to the Council, meeting in the composition of the Heads of State or Government.

In the matter raised by the Honourable Member, it would not appear that Community law has been wrongly applied, nor does the Commission have, at this stage, information that would imply the existence of a serious and persistent breach within the meaning of Article 7 of the Treaty on the European Union.

(1) See, for example, the UN International Covenant on Civil and Political Rights, Article 27 of which protects the cultural life and languages of persons belonging to minorities. The Covenant has been ratified by all the Member States.

(2) OJ C 364, 18.12.2000.