WRITTEN QUESTION P-1025/99

by Rinaldo Bontempi (PSE) to the Commission

(7 April 1999)

Subject: Closure of frontiers to block a peaceful demonstration

On the night of 27 March 1999, a large number of young people (around 2 000), attempting to travel to Paris to demonstrate in support of the rights of illegal immigrants, were stopped from crossing the Franco-Italian border at Ponte San Luigi by French police wearing riot gear. Apart from the fact that this display of force was out of all proportion to the nature and purpose of the journey by the group of young people, who planned to exercise their democratic right to demonstrate in an area without frontiers, the response by the French police was an infringement of Article 8a of the Treaty.

Furthermore, the preventive use of the exceptions on grounds of public order provided for under the Schengen Convention seems totally unwarranted to deal with what to all intents and purposes was a peaceful demonstration.

1. Does the Commission not consider that there has been a clear breach of the principles of freedom of movement and freedom of expression?

2. What steps will it take to ensure that there is no recurrence of such episodes, which hinder the right to move freely and demonstrate within a single European area?

Answer given by Mr Monti on behalf of the Commission

(5 May 1999)

Union citizens have the right to move freely within the territory of the Member States. However, this is not an absolute right, being conferred by Article 18 of the EC Treaty (formerly Article 8a) "subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect". These limitations can be justified on grounds of public policy or public security(1). The grounds of public policy or public security can be invoked by the authorities of the Member States when a person attempts to enter their territory(2). In accordance with the provisions of Directive 64/221/EEC(3), a Member State can therefore turn back a citizen of another Member State from its borders if it regards that citizen as posing a serious, effective and genuine threat to its public order and safety.

The above comments apply to the persons referred to in the Honourable Member's question if they enjoy the right of free movement in the Community. Until now, Community law has not afforded third-country nationals this same right of free movement, even if they are legally present on the territory of one of the Member States, except in the specific case of a family member accompanying a Union citizen. However, the Schengen Convention affords third-country nationals legally present on the territory of Member States who have implemented the convention the right to travel to the other Member States concerned for a period not exceeding three months. However, the Schengen Convention also provides for limitations to this right which can be justified on grounds of public policy or national security, and these limitations are not nullified by the incorporation of the Schengen arrangements into the Union.

(1) See, in particular, Article 39(3) of the EC Treaty (formerly Article 48(3)).

(2) See Article 2(1) of Council Directive 64/221/EEC of 25 February 1964 on the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health, OJ L 56, 4.4.1964.

(3) See Article 2(1) of Council Directive 64/221/EEC of 25 February 1964 on the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health, OJ L 56, 4.4.1964.