WRITTEN QUESTION E-2619/02

by Erik Meijer (GUE/NGL) to the Commission

(18 September 2002)

Subject: The right of all political movements to organise and participate in parliamentary elections and the resultant rights

1. Does the Commission agree that it is part of the essence of parliamentary democracy within the EU that every political movement, no matter how controversial others may consider its aims to be, has the right to solicit support for its views, to participate in parliamentary elections at the various levels of administration, to express its opinions on that basis in parliamentary debate and if possible to contribute to the taking of majority decisions and the formation of majority coalitions?

2. Does the Commission furthermore agree that, on the basis of this principle, it is quite possible, when courts sentence criminal or violent individuals, to temporarily strip them of their right to stand for election, and for courts to prohibit organisations if they are proved to have carried out acts of violence, but that it is never possible to deny the right of organisation or the right to participate in elections at local, regional, national and European level to adherents of a political point of view which a majority regard as undesirable?

3. Does the Commission agree that a situation must be avoided which could encourage the belief among adherents of any political movement that they have no hope whatsoever of achieving their aims by peaceful parliamentary means, and that on the contrary it is desirable that those who, deplorably, have hitherto pursued their objectives by using violence should be better integrated into parliamentary democracy, particularly in order to ensure that no one applauds terrorism?

4. Judicial and parliamentary organs of the Spanish State have recently taken a decision which is not confined to combating an organisation that uses violence but which prevents adherents of a particular political viewpoint, irrespective of the name or legal personality assigned to it, from continuing to organise as a party and to participate in elections. Does the Commission consider this decision compatible with the democratic principles referred to in questions 1 and 2 above?

Joint answerto Written Questions E-2619/02and E-2620/02 given by Mr Vitorino on behalf of the Commission

(21 November 2002)

The Commission would point out that the issues raised by the Honourable Member relating to political movements in general and participation in general elections in a specific Member State are matters for the Member States.

On the other hand, regarding the elections to the Parliament, both the existing Act of 1976(1) and the proposed Decision amending the Act(2) provide that the electoral procedure in the elections to the Parliament shall be governed in each Member State by its national provisions. This concerns also rules and conditions for political parties to put candidates and to participate in the elections.

It is therefore not for the Commission to answer the specific questions put by the Honourable Member.

(1) Act concerning the election of representatives of the European Parliament by direct universal suffrage, annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20 September 1976, OJ L 278, 8.10.1976.

(2) Draft Council decision (8964/2002) amending the Act concerning the election of representatives of the Parliament by direct universal suffrage, annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20 September 1976.