EN Official Journal of the European Union CE 88/531

(2004/C 88 E/0544)

WRITTEN QUESTION E-0775/04

by Maurizio Turco (NI) to the Commission

(11 March 2004)

Subject: Violation of religious freedom in Germany

In view of the following:

— Article 6 of the EU Treaty

— Articles 10, 22 and 52 of the Charter of Fundamental Rights of the EU;

— the European Convention on Human Rights and Fundamental Freedoms of 1950 (in particular Articles 9 and 14);

— the International Religious Freedom Report for 2003 issued by the US Department of State;

and the fact that:

— the German government does not recognise the Church of Scientology as a religion and its considering the church as a potential threat to democratic order has led to job and commercial discrimination against its members in both the public and private sectors;

— the government has refused to grant visitors' visas to the leaders of the Unification Church, the Reverend Sun Myung Moon and his wife Hak Ja Har Moon;

— the governments of Bavaria and Hamburg have proposed new measures to restrict the activities of the Church of Scientology and the Lutheran Church has continued its information campaign against it and other alleged ‘cults’;

— several states have published pamphlets detailing the ideology and practices of minority religions and some of the latter fear that inclusion in a report on dangerous movements or cults might damage their reputation; these actions have helped to perpetuate negative public attitudes towards members of minority religions;

— the International Religious Freedom Report for 2003 expresses concern at the infringement of individual rights on grounds of religious affiliation and at potential discrimination on the international employment market as a result of foreign firms being selected on the basis of possible affiliation with Scientology.

Can the Commission say whether it is aware of these facts?

Can the Commission also say whether it considers the actions described as an infringement of the fundamental rights guaranteed in Articles 10 and 22 of the Charter of Fundamental Rights of the EU and that they therefore affect the essence of the rights, which are explicitly protected by Article 52 of the Charter?

Whether it also considers that these actions are contrary to Article 6 of the EU Treaty and therefore the principles common to all the Member States regarding respect for human and fundamental rights?

How it intends to dissuade Germany from carrying out such actions against religious freedom?

If it does not explicitly condemn these actions, on what legal principles it bases its attitude?

Answer given by Mr Vitorino on behalf of the Commission

(29 April 2004)

The circumstances referred to by the Honourable Member have not previously been brought to the Commission's attention.

As regards the German Government's refusal to grant entry visas to the leader of the Unification Church, Mr Moon, and his wife, the Commission would point out that, under the provisions governing the issue of uniform visas valid for all the Member States which have acceded to the Schengen Convention, each Member State examines visa applications on the basis of a number of criteria set out in the Common Consular Instructions. However, the decision to grant or refuse to grant a visa is left to the discretion of each Member State. The Common Consular Instructions do not require the Member States to provide the reasons for such refusals.

It is the Commission's view that matters relating to the status of the Church of Scientology and other religious communities in Germany are caught by the Declaration on the status of churches and non-confessional organisations attached to the Amsterdam Treaty, according to which ‘the Union respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States. The Union equally respects the status of philosophical and non-confessional organisations.’

In addition, the Commission is empowered to intervene in respect of violations of fundamental rights, including religious freedom, only where such violations take place within the framework of Community law and its implementation.

In that connection, like all the Member States, since 2 December 2003 Germany has been obliged to apply Council Directive 2000/78/EC of 27 November 2000, which prohibits discrimination based on religion or belief, disability, age or sexual orientation in the field of employment and occupation (1).

Within the framework of its examination of the application by the Member States of the aforementioned Directive, the Commission has sent Germany a letter of formal notice concerning its failure to provide notification of measures transposing this legislation into national law.

Lastly, if an individual believes that his fundamental rights have been violated, he can bring proceedings in the European Court of Human Rights after exhausting all domestic legal remedies.

(1) OJ L 303, 2.12.2000.