WRITTEN QUESTION E-3396/01

by Stavros Xarchakos (PPE-DE) to the Commission

(12 December 2001)

Subject: Definition of the terms minor and major in the European Union

Commissioner Vitorino, who informed me in writing (on 20 November 2001) that the definition of the terms minor and major is the sole responsibility of the national authorities and not that of the Community, completely avoided answering my question E-2821/01(1)

This attitude lays the Commission and its Commissioner open to criticism, since the question immediately arises as to why the European Union and the Commissioners responsible for social policy or internal affairs are so passionately outspoken in their condemnation of, for example, child labour in third-world countries, while remaining coldly indifferent and unconcerned with regard to the distinction between minors and major within the Union itself. It is also significant that the Commission uses these terms in its own official reports and in the employment figures it publishes with no regard for the confusion thus created and the resulting unreliability of the relevant statistics.

In my question I requested details concerning the definition given by each EU Member State regarding the terms minor and major and whether the Commission intended to take measures to harmonise the age of majority throughout the Member States of the Union.

I now repeat my queries in the hope of not being obliged to raise the matter yet again in a question to the European Parliament meeting in plenary sitting. Does the Commission have information concerning the definitions of minor and major in the Member States? What is the age of majority in each Member State? Why does the Commission not propose that the age of majority be harmonised? Does it consider it acceptable for different age limits to apply in each Member State and what are the implications of this regarding the reliability of the facts and figures to which the Commission itself so frequently refers?

(1) OJ C 93 E, 18.4.2002, p. 201.

Answer given by Mr Vitorino on behalf of the Commission

(7 March 2002)

The Commission would confirm that the Community has no powers regarding possible harmonisation of the legal age of majority in the Union, as its President stated in his answer to Written Question E-2821/01 from the Honourable Member(1).

It is, however, true that some Commission proposals refer to majority as defined in the Member States or on certain age groups. This is the case with Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof(2), which refers to minors under the age of eighteen, with the Commission proposal on combating the sexual exploitation of children and child pornography(3) and with Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings(4), which states that specific protection should be given to particularly vulnerable persons, e.g. child victims of trafficking in human beings, as regards the possible negative effects of giving evidence in open court and access to specific treatment.

It is important to stress, however, that the terms majority and minority have different accepted meanings and that, in certain fields, the concept of legal majority is not the most relevant, reference being made instead to that of civil or criminal liability.

As regards the definition of legal majority, the Commission would point out that Article 24 of the Charter of Fundamental Rights of the European Union protects the rights of the child. The Article is based on the New York Convention on the Rights of the Child, signed on 20 November 1989, which has been ratified by all Member States. The Convention states in Article 1 that for the purposes of the present Convention, a child means every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier.

It follows that the parties to the Convention, including the Member States, can lower the age limit for reaching majority from the above-mentioned eighteen years.

The Honourable Member should note, however, that the New York Convention on the Rights of the Child does not apply to political rights. The Member States are thus also able to raise the age limit for majority in this area. This decision is about which age to stipulate as an element of the right to vote usually incorporated in constitutions.

At present, a large majority of Member States sets the voting age at eighteen, although a higher age may be imposed for some of the elective functions. On the other hand, the age limit for voting can be lower than eighteen, e.g. in local elections.

As laws regulating majority fall within the remit of the Member States, which have no obligation to inform it about domestic rules, the Commission does not possess any detailed information concerning the definitions of major and minor in the Member States in general or regarding the right to vote.

In another area, criminal law, the concept of legal majority is not always the most relevant, and it is preferable to refer to the age of criminal liability. This varies according to the Member State. In certain countries it is set at twenty-one. Before that age, depending on the legal system, there may be either no criminal liability at all (for children under a certain age stipulated by domestic law) or limited liability, with the actual arrangements again being defined by the laws of the Member States. The age of a young offender can thus affect the way in which the case is handled (so that, for instance, educational measures are preferred to enforcement measures) or the procedure applied (e.g. proceedings in camera, specialised courts, etc.).

Similarly, where a victim is a minor, age may constitute an aggravating circumstance where the offender is concerned. The Council is currently examining on the basis of a Commission proposal to what extent the age of a victim can constitute an aggravating factor in crimes committed against children.

Lastly, the Commission stresses that the concepts of major and minor were originally devised within a legal context unrelated to considerations of a statistical nature. As regards employment, for instance, the concepts of major and minor are not applied. The term active population is an economic concept. In the interest of data comparability, it was agreed at international level that this term would refer to the 15-64 age group. This convention has been applied in particular by all international organisations (ILO, UN, Eurostat, OECD, etc.) for many years. Commission Regulation (EC) No 1897/2000 of 7 September 2000 implementing Council Regulation No 577/98 on the organisation of a labour force sample survey in the Community concerning the operational definition of unemployment(5) sets an age limit (fifteen) above which a person is regarded as being unemployed if he/she is not in employment, is actively seeking employment and is available for work.

Age limits are chosen according to the ages at which working life may begin in most Member States and is legally supposed to finish: the age of fifteen is generally the end of compulsory education, while the age of sixty-four generally corresponds to the end of working life.

Where child labour is concerned, the reference must be to the occupational activity of school-age children.

(1) OJ C 93 E, 18.4.2002, p. 201.

(2) OJ L 212, 7.8.2001.

(3) COM(2000) 854 final/2.

(4) OJ L 82, 22.3.2001.

(5) OJ L 228, 8.9.2000.