WRITTEN QUESTION P-2212/02

by Rodi Kratsa-Tsagaropoulou (PPE-DE) to the Commission

(12 July 2002)

Subject: Protection of immigrants' human rights in Greece

Under Article 6(1) of the Treaty, the European Union is founded on the principle of respect for human rights and fundamental freedoms. What comments does the Commission have to make on recent accusations by the Council of Europe and 47 non-governmental organisations concerning the violation of immigrants' human rights in Greece? Has it analysed and assessed Greece's policy on this issue? Have similar accusations been made with regard to other European countries? Does it consider that the proposal for a Council directive laying down minimum standards on the reception of applicants for asylum in Member States will provide solutions to these problems and eliminate these phenomena? What preparations are needed in the Member States in order to implement the new policy?

Answer given by Mr Vitorino on behalf of the Commission

(1 October 2002)

The Commission is unable to comment on the views expressed by another institution, namely the Council of Europe, or independent non-governmental organisations (NGOs). Nor does it have the power to examine the compatibility of actions or legislation of Member States with the European Convention on Human Rights, an instrument of the Council of Europe, when those actions or legislation do not fall within the scope of Community law.

The Commission does, however, have the duty to ensure that Community law in the field of immigration and asylum, when enacted by Community institutions and implemented by Member States, is in conformity with fundamental rights as enshrined in Article 6 § 2 of the Treaty on the European Union and reaffirmed in the Charter of Fundamental Rights of the European Union. In addition, the implementation of Community law by Member States involves monitoring activities by the Commission and possible intervention by the Court of Justice in case of infringement. However, in the field of immigration, there are, as yet, no Community provisions in place based on Article 63 of the EC Treaty.

At its meeting in Tampere (15/16 October 1999), the European Council reaffirmed the importance the Union attached to the absolute respect of the right to seek asylum as well as its commitment to the obligations of the Geneva Refugee Convention and other relevant human rights instruments. To that end, it requested the establishment of a Common European Asylum System ensuring that nobody is sent back to persecution. All proposals needed to implement the first phase of such a system have been tabled by the Commission. The importance of this objective was reaffirmed by the European Council in Seville (21/22 March 2002) and deadlines were set for the adoption of the main elements of this first phase.

Concerning the draft Directive laying down minimum standards on the reception of applicants for asylum in Member States referred to by the Honourable Member, at its meeting in Luxembourg on 25 April 2002, the Council defined a general approach. Accordingly, the Council may soon formally approve the proposal. This draft Directive aims to improve substantially the reception conditions for asylum seekers, ensuring that Community national reception systems attain the same broad studies. The principle that destitute asylum seekers, who are allowed to stay in the country to await the outcome of procedures, are entitled to reception conditions (including housing, food, clothing and a daily expenses allowance) has been accepted by all Member States. The draft Directive indicates that in all Member States, asylum seekers will be entitled to proper health care, information and documentation, schooling and, in a limited number of cases, access to the labour market. In addition, Member States would commit themselves to ensuring appropriate guidance, monitoring and control of the standard of reception conditions.

Member States would be required to allocate the necessary resources in accordance with the national provisions enacting this Directive. This point will be particularly important if national authorities give local authorities the responsibility of implementing the Directive.

Also relevant in this context is the European Refugee Fund (ERF)(1). The Fund of EUR 216 million was established by Council Decision 2000/596/EC to promote solidarity between Member States in matters of asylum, by supporting and encouraging the efforts made by the Member States in receiving and bearing the financial consequences of accepting refugees and displaced persons. The Fund, in its present form, runs from 1 January 2000 to 31 December 2004.

Resources are distributed in proportion to the burden of expenditure in each Member State resulting from receiving refugees and displaced persons. From 2000-2002, Greece's allocation from the European Refugee Fund has amounted to EUR 1 816 711,58 or 1,8 % of the Fund.

(1) 2000/596/EC: Council Decision of 28 September 2000 establishing a European Refugee Fund OJ L 252, 6.10.2000.