WRITTEN QUESTION E-2257/01

by Bárbara Dührkop Dührkop (PSE) to the Commission

(31 July 2001)

Subject: European Union Migrants' Forum

In November 2000 the Commission suspended funding for the European Union Migrants' Forum under budget line A-3040 owing to irregularities detected in the management of those funds.

The members of the organisation's staff, who are not responsible for the irregularities, are currently unemployed, are owed several months' wages and have not received any compensation for unfair dismissal.

It is clear that the Migrants' Forum is a fully independent legal organisation and that, consequently, the Commission is in no way responsible for the commitments of this or any other organisation which receives subsidies from the European Union. Nevertheless it is also true that these organisations exist thanks to Community funding and that, as in this case or in other recent cases such as that of IRELA, when irregularities are detected in the management of funds and the Commission is obliged to suspend funding, people working for these organisations, who are not responsible for maladministration or the misuse of funds, are faced with an extremely precarious situation. Given that these are international non-profit-making organisations, it is virtually impossible for their staff to assert their rights before a tribunal.

Does the Commission not believe that the European Union cannot sit back and do nothing in the face of such social injustice? Is the Commission studying ways of dealing with such situations? What does the Commission think of the possibility of establishing a mechanism to allow the necessary funds to be released so that the workers affected can receive the money owed to them, along with the appropriate compensation? Would this be feasible from a legal and budgetary point of view? Would the Commission be prepared to put such a proposal to the budgetary authority?

Answer given by Mr Vitorino on behalf of the Commission

(10 October 2001)

The Commission is fully aware of the situation to which the Honourable Member refers and shares her concern regarding the precarious situation in which this places the staff of the European Migrants' Forum.

However, the Honourable Member herself makes the point that the Migrants' Forum is an independent legal entity and that the Commission is in no way responsible for its financial commitments, including to its staff. The Commission would point out however, that it is possible for the former staff of this organisation to make claims against the Forum under the legal system in which it was established.

Since the Commission is not under a legal obligation to act, it would not be justified in asking the budgetary authority to make what would, in effect, be ex gratia payments in this case and which might not have been made in other comparable cases.

The Commission regrets that such situations might result in hardship for the individuals concerned. However, it believes that its audit and control procedures for the grant of subsidies are sufficient to avoid such situations from occuring in general. The Commission does not, therefore, consider it appropriate to establish the type of mechanisms suggested by the Honourable Member.