WRITTEN QUESTION P-0024/02

by Antonios Trakatellis (PPE-DE) to the Commission

(14 January 2002)

Subject: Naturalisation in Greece and illegal conferral of Union citizenship

The answer(1) given on 1 November 2001 by the Minister for the Interior, Public Administration and Decentralisation, Mr Skandalidis, to Mr Lambropoulos, a member of the Greek Parliament, concerning the number of naturalisations between 1 January 1994 and 10 April 2000 states that Greek citizenship was conferred on a total of 74 456 persons, while a further 13 442 have been registered since the day after the general elections of 9 April 2000, i.e. a total of 87 798 for the period 1 January 1994 to 1 November 2001.

A comparison of these figures with those provided by the Commission in response to my previous questions, H-0087/01/rev(2), E-1437/01(3), H-0706/01(4), E-1438/01(5) and P-2945/01(6), concerning the number of naturalisations between 1994 and 1998 reveals a manifest discrepancy and an inexcusable lack of information on the Commission's part for the years 1999-2000 owing to technical problems (E-2526/01(7), 12 November 2001). Beyond these omissions there are also the findings of the Public Prosecutor's Office, Athens Court of First Instance, which were forwarded to the Greek Parliament under reference number 3965/20.12.2001 and drew

on the conclusions of an administrative inquiry carried out under oath by Charalambos Dimitriou, a deputy minister plenipotentiary, concerning the number of illegal immigrants entering Greece from the former Soviet Union, which concludes that Greek citizenship has been conferred illegally on a massive scale.

What is the exact number of naturalisations in Greece for the period 1 January 1994 to 10 April 2000 in view of the discrepancy in the figures which the Greek Government has forwarded to the EU in response to a question by an MEP (E-2526/01 5 897 naturalisations for the period 1993-1998) and the figures given to the Greek Parliament in reply to a question by a national MP? What steps has the Commission taken to ensure that the naturalisation figures for 1999 and 2000 are forwarded to the Union?

What measures does the Commission, as guardian of the Treaties, propose to take in response to the infringement of the Treaties and law deriving therefrom represented by the illegal conferral of Union citizenship, which complements and does not replace national citizenship (Article 17 of the EC Treaty), by virtue of which offenders enjoy Community rights to which they are not entitled (right of freedom of movement and residence in other Member States, the right to vote and stand as candidates in local and European elections, consular protection, etc.)?

How many of the 87 798 naturalised persons have been stripped of Greek citizenship or actually deported for illegally acquiring Union citizenship pursuant to the Treaty on European Union and Community legislation deriving from the Schengen Agreement, and has the Greek Government duly notified the Union of those cases?

(1) Document 1957/227/10.10.2001.

(2) Written answer of 13.2.2001.

(3) OJ C 364 E, 20.12.2001, p. 111.

(4) Written answer of 2.10.2001.

(5) OJ C 350 E, 11.12.2001, p. 154.

(6) OJ C 115 E, 16.5.2002, p. 197.

(7) OJ C 93 E, 18.4.2002, p. 151.

Answer given by Mr Vitorino on behalf of the Commission

(14 February 2002)

As the Honourable Member mentions in his question, the subject has been discussed in some previous questions. The Commission confirms the views presented in those cases.

A nationality of Member States is entirely a matter for the Member States concerned, as the Declaration on nationality of a Member State appended to the Treaty of Maastricht confirms(1). As rightly underlined by the Honourable Member, Article 17 of the Treaty of the European Community establishes citizenship of the Union, this does not replace but complements the national citizenship.

It is therefore for each Member State, having due regard to the Community law, to lay down the conditions for acquisition and loss of nationality(2). It follows that Greece lays down the conditions for acquiring and losing the Greek nationality and the Greek authorities control the correct enforcement of those conditions. This concerns also the matter of naturalisation referred to by the Honourable Member.

Community statistics on the acquisition of citizenship are based on data supplied by national authorities to the Statistical Office of the European Communities (Eurostat) as part of an annual collection of statistical data relating to migration and asylum. Data on acquisition of citizenship are not the subject of Community statistical legislation. The data collection takes place on the basis of a gentleman's agreement. Whilst the Statistical Office of the European Communities will make every effort to ensure the quality of the statistics, under a gentleman's agreement it remains dependent on the efforts and goodwill of the national authorities to deliver the relevant data. Inconsistencies between the national practice and the data delivered to the Statistical Office of the European Communities by national authorities on this practice, will therefore remain the responsibility of these authorities.

According to the information made public by the Greek authorities, Greek citizenship was conferred on a total of 87 798 persons for the period of 1 January 1994 to 1 November 2001, of which about 440 cases have been under investigation.

(1) Declaration no 2 on nationality of a Member State, OJ C 191, 29.7.1992, p. 98.

(2) See judgement of the European Court of Justice in case C-369/90 Micheletti of 7.7.1992, ECR 1992, p. I-4239.