WRITTEN QUESTION E-3812/02

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

(9 January 2003)

Subject: Immersion schools in France

More than twenty years ago activists working in defence of native languages and cultures in Brittany, Occitania, Alsace, Euzkadi Nord and Catalogne Nord set up immersion schools in which teaching takes place right from the start (nursery school and the beginning of primary school) in the respective languages of these regions, resulting in native language-French bilingualism by the end of primary school. State schools have also developed education systems in which French and the native languages are placed on an equal footing.

The French State is now calling this type of education into question.

Does the Commission believe that this is compatible with the rights of minorities as supported by the Council in Copenhagen and with the respect due to the cultural and linguistic diversity recognised as an integral part of the European heritage?

Answer given by Mrs Reding on behalf of the Commission

(18 February 2003)

In the field of education, Article 149 of the EC Treaty provides that the Member States are responsible for the content of teaching and the organisation of education systems.

In order to safeguard cultural and linguistic diversity, which is recognised as an integral part of Europe's cultural heritage, the Community is also acting within the limits of the powers granted to it under the treaties. Pursuant to Article 151(4) of the EC Treaty, which states that cultural aspects must be taken into account in all Community actions, projects to promote and safeguard regional and minority languages have been funded in the context of existing Community actions and programmes, such as Socrates, Comenius or Interreg.

Following the Council Resolution of 14 February 2002 on the promotion of linguistic diversity and language learning in the framework of the implementation of the objectives of the European Year of Languages(1), the Commission published a consultation document(2) on the Education and Culture DG's website in December 2002. One issue dealt with is the assistance which the EU can give to Member States to help them encourage linguistic diversity. Around the middle of this year, the Commission will present a communication to Parliament and the Council concerning an action plan to promote linguistic diversity and language learning.

The rights of persons belonging to minorities are among the principles common to the Member States as set out in Article 6 of the Treaty on European Union. These principles, enshrined in various international conventions(3), were solemnly reaffirmed in the Charter of Fundamental Rights of the European Union(4). Article 21(1) of the Charter prohibits any discrimination based, among other things, on ethnic origin, language, religion or membership of a national minority; Article 22 provides that cultural, religious and linguistic diversity must be respected. It should be stressed, however, that Article 51 of the Charter states that its provisions are addressed to the institutions and bodies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law

The infringement procedure laid down in Article 226 of the EC Treaty and the political procedure laid down in Article 7 of the Treaty on European Union ensure that these principles are complied with. In the former case, the Commission may bring the matter before the Court of Justice if the infringement falls within the scope of Community law; this is particularly the case where a Member State transposes a Community directive incorrectly. In the latter case, the Commission or one third of the Member States may refer to the Council, meeting in the composition of Heads of State or Government, a serious or persistent breach of the principles laid down in Article 6.

With regard to language communities in France, and in particular the form of minority language teaching in schools, the Commission does not have any information pointing to a serious and persistent breach within the meaning of Article 7 of the Treaty on European Union.

(1) OJ C 50, 23.2.2002.

(2) http://europa.eu.int/comm/education/languages/consult_fr.html.

(3) For example, the UN's International Covenant on Civil and Political Rights, Article 27 of which protects the culture and language of persons belonging to minorities, has been ratified by all the Member States.

(4) OJ C 364, 18.12.2000.