WRITTEN QUESTION E-0849/00

by Antonio Tajani (PPE-DE), Pier Casini (PPE-DE), Giorgio Lisi (PPE-DE), Amalia Sartori (PPE-DE), Renato Brunetta (PPE-DE) and Vittorio Sgarbi (PPE-DE) to the Commission

(21 March 2000)

Subject: Protection of the ethnic minority in Slovenia and Croatia

Is the Commission aware of the serious and continuous violations of fundamental individual freedoms and property rights to which Italian citizens living in Slovenia and Croatia have been, and continue to be, subjected, in that their rightful property, of which they were dispossessed by the Yugoslavian Communist regime, has not been returned to them? What does the Commission intend to do to ensure that the governments of these countries take measures to protect the 350 000 Italian exiles who have been deprived of legal certainty and who, because of their nationality and ethnic group, are effectively condemned to lifelong exile?

What steps does the Commission intend to take to ensure that the laws of countries like Slovenia, which is set to join the European Union, and Croatia respect the basic principles of the EU legal framework and combat all kinds of discrimination on the basis of nationality?

How does the Commission intend to foster compliance with:

1. the Declaration on Human Rights;

2. the Amsterdam Treaty (Article 6);

3. the UN Convention on the Prevention and Punishment of the Crime of Genocide;

4. the UN conference on human settlements (Habitat), Vancouver, 31 May 1976?

Answer given by Mr Patten on behalf of the Commission

(27 April 2000)

Full respect for human rights and fundamental freedoms, including those of minorities, has always been a priority in the Commission's external relations.

With regard to Croatia, in particular, the Commission has always been highly critical in its regular reports on the country and in its contacts with the previous Croat leadership on this point, full observance of human and minority rights being a precondition to any improvement in relations between the Community and Croatia.

The same message has been given to the new Croat Government, stressing the importance of genuine implementation of international legislation on this issue. The priority given to respect for human rights, with particular reference to minority rights, was also enshrined in the first recommendations of the EU-Croatia Consultative Task Force, which called on the Croat Government to undertaken the necessary

constitutional changes in order to fully respect all minorities. In addition, there was also a reference to their commitment to starting work on adopting a law on education and the use of minority languages in accordance with the standards of the Council of Europe.

Given the commitments accepted by the Croat Government and its first action plan, the Commission expects initial results in April.

With regard to Slovenia, accession negotiations were opened in the light of the Commission's opinion of July 1997, which stated that Slovenia fulfilled the political criteria laid down at Copenhagen. Slovenia presents the characteristics of a democracy, with stable institutions guaranteeing the rule of law, human rights, and respect for and protection of minorities.

The Commission found in particular that Italian citizens in Slovenia had obtained recognition as a minority and the associated constitutional rights.

The Commission is aware that the process of returning property is very slow in Slovenia. It is following the process carefully in the context of bilateral relations and discussed the matter at a recent Association Committee meeting on 23 March 2000. However, the Commission has no power to intervene directly on this matter. Article 295 (formerly Article 222) of the EC Treaty expressly states that it shall in no way prejudice the rules in Member States governing the system of property ownership.