WRITTEN QUESTION E-3521/01

by Miquel Mayol i Raynal (Verts/ALE) to the Commission

(8 January 2002)

Subject: Greece

In Greece today, particularly in the North, there are a number of minorities (Turks, Slavo-Macedonians, Albanians, Aromanians and Pomaks).

Greece refuses to recognise their existence and denies them fundamental rights. For instance, they are strictly prohibited from using their language in public and all historical inscriptions in these languages have been obliterated or destroyed, as have monuments which might evoke the existence of these minorities.

Furthermore, particularly in the case of ethnic Macedonian Greek citizens living abroad, Greece is doing everything it can to prevent them from returning to their homeland, by revoking their citizenship, alleging that they have committed anti-patriotic acts.

Is the Commission aware of this situation?

As minority rights constitute one of the basic principles of the European Union today, how does the Commission envisage ensuring that Greece observes these rights?

Answer given by Mr Vitorino on behalf of the Commission

(14 February 2002)

In the Commission's opinion, the rights of persons belonging to minorities are part of the principles common to the Member States, as spelt out in Article 6(1) of the Treaty on European Union (TEU). These principles, which were enshrined in various international conventions(1), have been solemnly reaffirmed by the Charter of Fundamental Rights of the European Union. Article 21(1) prohibits any discrimination based inter alia on ethnic origin, language, religion or membership of a national minority, while Article 22 requires that cultural, religious and linguistic diversity be respected. As the explanations relating to the Charter state, these two provisions are based respectively on Article 13 of the EC Treaty and Article 14 of the European Convention on the Protection of Human Rights and Fundamental Freedoms and on Article 151 of the EC Treaty.

Respect by the Member States of these principles is ensured by the infringement proceedings provided for in Article 226 of the EC Treaty and by the political procedure provided for in Article 7 of the TEU. Under Article 226, the Commission can bring the matter before the Court of Justice if the act objected to falls within the scope of Community law. Under Article 7 of the TEU, the Commission or one third of the Member States can refer the matter to the Council, meeting in the composition of the Heads of State or Government, in the event of a serious and persistent breach of the principles mentioned in Article 6.

The Commission does not possess any information suggesting that Community law has been wrongly applied or that a serious and persistent breach within the meaning of Article 7 exists that is such as to warrant the implementation of the political procedure provided for by that Article.

It is not impossible that there are still certain problems relating to the treatment of minorities. The findings of the report by Parliament's Committee on Citizens' Freedoms and Rights, Justice and Home Affairs on the respect of fundamental rights in the Union are very relevant(2), as is the work carried out by the Council of Europe(3). However, it should be emphasised that in recent years Greece has made progress in this area, and the Commission can only encourage this trend.

The Commission is not aware that any historical monuments have been destroyed or any inscriptions relating to minorities obliterated in Greece. Since 1998 the Greek Nationality Code has allowed citizenship to be revoked only in the case of persons living abroad where these persons have committed acts contrary to Greece's interests and to the benefit of a foreign State(4). This provision has been very rarely invoked.

Lastly, it should be recalled that, in general, any person who feels that his fundamental rights have been infringed can bring the matter before the national courts and, after exhausting the remedies there, can refer the matter to the European Court of Human Rights in the case of a breach of the European Convention on the Protection of Human Rights and Fundamental Freedoms.

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

(2) Report on the situation as regards fundamental rights in the European Union (2000), Committee on Citizens' Freedoms and Rights, Justice and Home Affairs, Rapporteur: Thierry Cornillet.

(3) European Commission against Racism and Intolerance, Second Report on Greece, adopted on 10 December 1999 and published on 27 June 2000, doc. No CRI (2000) 32.

(4) Article 20 of the 1955 Nationality Code.