WRITTEN QUESTION E-2538/01

by Hans Modrow (GUE/NGL) to the Commission

(19 September 2001)

Subject: Protection of minority rights

In the Free State of Saxony, it appears to be the intention of the Land Government to close a Sorbian secondary school, a measure which would violate the right of the Sorbian people to promote their Slavic language and to protect their identity.

1. The Commission has asked countries applying for accession to resolve their minority problems. What are the specific criteria according to which the Commission assesses the position as regards minority rights in the applicant countries?

2. Do those criteria also apply to current Member States? What form of penalties does the Commission impose for violations and infringements thereof?

3. Are there plans, at the next intergovernmental conference, to deal in a concrete way with the issue of minority rights, for example in the form of the drawing up of a binding Charter on the rights of ethnic minorities and small peoples laying down the collective right to linguistic and cultural institutions such as schools?

4. How does the Commission regard, from the point of view of minority rights in Europe, the fact that, in the German federal Land of Saxony, the home of the autochthonous Sorbian minority, Sorbian-speaking schools are being closed against the express wishes of parents, Sorbian communities and Domowina, the body representing the Sorbian people?

Answer given by Mr Vitorino on behalf of the Commission

(23 November 2001)

In the Commission's opinion, the rights of minorities are part of the principles common to the Member States, listed in the first paragraph of Article 6 of the Treaty on 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) prohibits any discrimination based, among others, on ethnic origin, language, religion or membership of a national minority, and Article 22 requires respect for cultural, religious and linguistic diversity. The explanations relating to the Charter(3) specify that these two provisions are based on Article 13 (former Article 6a) of the EC Treaty, Article 14 of the European Convention on the Protection of Human Rights and Fundamental Freedoms and Article 151 (former Article 128) of the EC Treaty.

These principles hold for both applicant countries and current Member States.

1. Respect for these principles by applicant countries is a prerequisite for accession under Article 49 TEU. Moreover, accession criteria were established by the Copenhagen European Council on 21 and 22 June 1993 and respect for and protection of minorities were clearly spelt out among these criteria. The Commission would refer the Honourable Member to the answer it gave to Question E-1927/99 by Mr Paaslinna relating to the specific rights of minorities.

2. 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 TEU. 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 where the Member State does not transpose the Community directive correctly. Under the latter, if there is a serious or persistent breach of the principles mentioned in Article 6, 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.

3. The agenda for the next Intergovernmental Conference has not yet been drawn up. However, in accordance with Declaration No 23 annexed to the Treaty of Nice, the status of the Charter of Fundamental Rights of the European Union will be part of the debate on the future of the Union.

4. The Commission has no information suggesting that Community law has been wrongly applied or implying the existence of a serious and persistent breach within the meaning of Article 7 TEU. On the contrary, the protection of minorities appears to be deeply anchored in German law. Germany has ratified the framework convention of the Council of Europe on the protection of national minorities, expressly declaring that it will apply the convention to members of the Sorbian people of German nationality. Paragraph 1 of Article 6 of the Constitution of the Free State of Saxony and Article 8 of the Law on the Sorbians stipulate that Sorbians have the right to preserve and promote their language and culture in public life and that they are entitled to have it taught in schools and child care centres. It appears that Sorbian is taught in 57 schools in Saxony attended by 4100 pupils, including 1400 pupils of Sorbian mother tongue. No one disputes the right of the Domowina to set up Sorbian schools. Under the second paragraph of Article 14 of the framework convention the State is required to manage these schools only where there is sufficient demand from pupils.

The Commission would recall the efforts made to promote linguistic diversity as part of the European Year of Languages(4) and the contribution made by the Community to the flowering of the culture of the Member States while respecting their national and regional diversity under Article 151 (former Article 128) of the EC Treaty.

(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.

(3) Council document CHARTE 4473/00 CONVENT 49, 11 October 2000.

(4) Joint answer to Written Questions E-2519/01 and E-2520/01.